Shepard's Heirs v. Shepard's Estate
Supreme Court of Vermont
Appeal from the Probate Court. Heard by the court, March Term, 1886, Washington County, Powees, J., presiding. The contention was as to the construction of a certain clause in the will of Justus W. Shepard, which clause is stated in the opinion of the court.
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Appeal from the Probate Court. Heard by the court, March Term, 1886, Washington County, Powees, J., presiding. The contention was as to the construction of a certain clause in the will of Justus W. Shepard, which clause is stated in the opinion of the court. The court decided that the meaning of said will was clear and not ambiguous, and that upon the death of the said J. W. Shepard, the said Betsey Martin, Catherine Shepard and Calista Shepard each were entitled to one-fourth part of said estate in fee, and that Elizabeth Powell, the child of Elavilla Batehelder, deceased, was entitled to…
1Opinion of the Court
*116The opinion of the court was delivered by
Ross, J.
The contentions in this case arise upon the construction of the residuary clause of the will of Justus W. Shepard, which reads : “I give and devise the residue of my estate, both real and personal, in equal shares to my four sisters, Catherine and Calista Shepard and Betsey Martin and Elavilla Batchelder, to them and their children forever, with this condition, that if either oí my said sisters should die, leaving no children, then her share as aforesaid to the other sisters living, in equal shares.”
The will is dated March 20, 1850. The…
2Cited by14 opinions
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