Barber v. Westcott
Supreme Court of Rhode Island
Bill in Equity. The facts were these. John L.' Barber, the testator, died, leaving a will which was admitted to probate in the Probate Court, from which decree an appeal was claimed. Thereafter a compromise was entered into by the parties in interest, under Gen. Laws E. I. cap. 212, § 22. The complainant by the compromise will became the owner of an estate in fee simple, subject to a legacy of $1,500 bequeathed to the respondent Abby E. Burdick, charged upon the estate.
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Bill in Equity. The facts were these. John L.' Barber, the testator, died, leaving a will which was admitted to probate in the Probate Court, from which decree an appeal was claimed. Thereafter a compromise was entered into by the parties in interest, under Gen. Laws E. I. cap. 212, § 22. The complainant by the compromise will became the owner of an estate in fee simple, subject to a legacy of $1,500 bequeathed to the respondent Abby E. Burdick, charged upon the estate. By the terms of the will the executor or administrator was empowered to sell or mortgage the estate to pay the legacy. The…
1Opinion of the Court
Matteson, O. J.
Gen. Laws R. I. cap. 212, § 26, provides that the award or compromise authorized by section 22 of the same chapter, made in writing, together with the decree approving the same, shall be filed and entered of record in the Probate Court having original jurisdiction of the will, and that thereupon the will may be admitted to probate and shall have effect, and the estate of the deceased person shall be disposed of and administered according to the provisions(1) (2) of the will as modified by the award or compromise. In view of the provision that the estate of the deceased shall be…
2Cases cited1 opinion
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- Smith v. CommissionerUnited States Board of Tax Appeals · 1934
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