Jones v. Knappen
Supreme Court of Vermont
This was an appeal from a decree of the Probate Court distributing tlie estate of Loyal C. Eemele. Trial by court at tlie December term, 1890, Start, J., presiding. Tlie appellants except.
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This was an appeal from a decree of the Probate Court distributing tlie estate of Loyal C. Eemele. Trial by court at tlie December term, 1890, Start, J., presiding. Tlie appellants except. Tlie following was the will of the testator, omitting the specific legacies to persons other than his wife: “ First, I give, devise and bequeath to my wife, Alma Eemele, the sum of one thousand dollars, and direct that my administrator in addition thereto pay to her and for her benefit the use and income of all my estate as long as she shall live.' At her decease, I give, devise and bequeath all my estate…
1Opinion of the Court
The opinion of the coúrt was delivered by
ROSS, Ch. J.
Hiram Alden died before the testator. Tlie legacy w'as to him alone, and not to him or his heirs. It lapsed by his decease antedating the testator. It is not otherwise contended. Careton v. Murrey, 94 Am. Dec. 152 and note.
2. The testator, in addition to a specific devise to his wife, gave her the use and income of his estate during her natural life. He then proceeds. “ At her decease I give, devise and bequeath all my estate that may be remaining as follows.” He then gives certain sums to individual legatees, and the residue to *394the next of…
2Cases cited4 opinions
- Dean v. HartSupreme Court of Alabama · 1878
- Tucker's Will v. Admr. of Tucker's EstateSupreme Court of Vermont · 1890
- Fox v. RumerySupreme Judicial Court of Maine · 1878
- Barker v. WoodsNew York Court of Chancery · 1843
3Cited by25 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Lonergan's EstateSupreme Court of Pennsylvania · 1931
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1931
- Compton v. Rixey's ExecutorsSupreme Court of Virginia · 1919
- Dailey v. HoustonMississippi Supreme Court · 1963
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