Whitmore ex rel. Fisher v. Church of the Holy Cross
Supreme Judicial Court of Maine
On appeal by complainant. This is a bill in equity seeking the construction of the will of Harriet E. Whitmore, late of Gardiner, deceased. The defendants demurred generally to the bill as a whole, and also specifically to each paragraph, on the ground that the complainant had no interest in the subject matter of the bill. The demurrer was sustained by the sitting Justice and the bill dismissed, from which decree complainant appealed. The case is fully stated in the opinion.
1Opinion of the CourtHanson, J.
Bill in equity to obtain the construction of the will of Harriet E. Whitmore, late of Gardiner, deceased.
The defendants demurred to the bill as a whole, and to each and every paragraph thereof, on the ground that the plaintiff has no interest in the subject matter of the bill, and that the. facts set forth in the bill do not justify relief.
The sitting Justice in his final decree sustained the demurrer and dismissed the bill. The case is before the court on appeal from the decree.
The bill alleges that Harriet Whitmore, formerly of Gardiner, deceased, devised her homestead in Gardiner to the…
2Cases cited10 opinions
- Farnham v. ThompsonSupreme Court of Minnesota · 1885
- Doan v. Vestry of the Parish of the AscensionCourt of Appeals of Maryland · 1906
- Smith v. NelsonSupreme Court of Vermont · 1846
- Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
- Board of Education v. Trustees of First Baptist Church of NormalIllinois Supreme Court · 1872
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3Cited by11 opinions
- Hobbs v. Board of EducationNebraska Supreme Court · 1934
- Consolidated School District No. 102 v. WalterSupreme Court of Minnesota · 1954
- Babb v. RandSupreme Judicial Court of Maine · 1975
- Lord v. Society for the Preservation of New England Antiquities, Inc.Supreme Judicial Court of Maine · 1994
- First Presbyterian Church v. TarrOhio Court of Appeals · 1939
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