Mowry v. Robinson
Supreme Court of Rhode Island
Appeal from tbe Probate Court of Pawtucket. Spencer B. Mowry, Senior, died September, 1866, testate. His will made no provision for bis posthumous son, Spencer B. Mowry, Junior, but gave a legacy to Abby P., a sister of tbe testator, and tbe rest of bis estate to bis wife Belinda, who afterwards married James 0. Draper. Under Gen. Stat. R. I. cap. 171, § 12, tbe will was therefore inoperative, there being no personalty.
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Appeal from tbe Probate Court of Pawtucket. Spencer B. Mowry, Senior, died September, 1866, testate. His will made no provision for bis posthumous son, Spencer B. Mowry, Junior, but gave a legacy to Abby P., a sister of tbe testator, and tbe rest of bis estate to bis wife Belinda, who afterwards married James 0. Draper. Under Gen. Stat. R. I. cap. 171, § 12, tbe will was therefore inoperative, there being no personalty. Spencer B. Mowry, Junior, died February 12,1872. Thomas Robinson was appointed administrator of the estate of Spencer B. Mowry, Senior, October 2, 1872. He represented the…
1Opinion of the CourtPotter, J.
Spencer B. Mowry, Senior, died in September, 1866, leaving a widow Belinda, since intermarried with James O. Draper, and only one son and heir, Spencer B. Mowry, Junior, who died February 12, 1872. The real estate of this son, subject to dower and debts, descended to the two brothers and sisters of his father, Spencer B. Mowry, Senior. One sister married Barnes, one of the appellants, who, in February and March, 1872, after the death of Spencer B. Mowry, Junior, bought out the three other heirs, and in September, 1877, had the share of his wife also conveyed to him.
After the death of Spencer…
2Cited by1 opinion
- In Re JohnsonSupreme Court of Rhode Island · 1887