Executors of Judevine v. Judevine
Supreme Court of Vermont
Bill in chancery for the construction of the fifth and seventh paragraphs of, and the first codicil to, the will of A. E. Judevine by his executors against Malvina E. Judevine, the University of" Vermont and State Agricultural College, and the town of Concord. Heard on bill and answers at the December Term,'1888. Tyler, Chancellor, dismissed the bill pro forma. Appeal by the orators.
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Bill in chancery for the construction of the fifth and seventh paragraphs of, and the first codicil to, the will of A. E. Judevine by his executors against Malvina E. Judevine, the University of" Vermont and State Agricultural College, and the town of Concord. Heard on bill and answers at the December Term,'1888. Tyler, Chancellor, dismissed the bill pro forma. Appeal by the orators. The fifth^ sixth and seventh paragraphs and the first codicil were as follows: “ Article 5. I grant and devise to my beloved wife, Malvina M. Judevine, one-half of the residue of my estate, both real and…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
Treating the fifth article of the will, for convenience of reference, as divided into three parts, the first ending with the first punctuation period, the second with the next period, and the third with the last, it is quite plain and not disputed that the firstpart standing alone would carry a fee. In the second part, there is . clearly granted an unlimited absolute power-of disposal. That is not disputed; but it is claimed in behalf of the college and town that this part indicates an intention to limit the title in Mrs. Judevine to a life…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Jackson v. RobinsNew York Supreme Court · 1819
- Stowell v. HastingsSupreme Court of Vermont · 1887
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Richardson v. PaigeSupreme Court of Vermont · 1882
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3Cited by7 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- In Re Robinson's WillSupreme Court of Vermont · 1929
- Morse v. Stoddard's EstateSupreme Court of Vermont · 1916
- Hoefliger v. HoefligerSupreme Court of Iowa · 1906
- Williams v. FloydCourt of Chancery of Delaware · 1920
2 more not listed; retrieve them via the Exa API.