Clarkson v. Pell
Supreme Court of Rhode Island
Bill in Equity for instructions as to tbe interpretation of the fourth clause of the will of Duncan C. Pell, proven before the Probate Court of Newport, February 24, 1874. The clause in question is as follows: — “ Fourth.
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Bill in Equity for instructions as to tbe interpretation of the fourth clause of the will of Duncan C. Pell, proven before the Probate Court of Newport, February 24, 1874. The clause in question is as follows: — “ Fourth. I give, devise, and bequeath unto said David Clark-son and Duncan A. Pell and their successors, and to the survivor of them and his successors, all the rest, residue, and remainder of my property and estate, of every kind, real, personal, and mixed, wheresoever situated or being, of which I shall die seized or possessed, whether acquired prior or subsequent to the making…
1Per curiam
Our opinion in relation to the first question propounded by the complainant is, that so much of the one fourth of the income arising from the trust estate held by him under the fourth clause of the will of Duncan C. Pell, accrued and to accrue from and after the death of Duncan Archibald Pell during the life of Anna Pell, and which would have been payable to said Duncan Archibald Pell if he had survived, as has been and shall be derived from personal estate, is payable to the personal representative of said Duncan Archibald Pell.
As Duncan Archibald Pell survived the testator, the gift to him…
2Cited by2 opinions
- Oglesbee v. MillerOhio Supreme Court · 1924
- Commonwealth v. KarnesKentucky Supreme Court · 1983