Holmes v. Holmes

Foley, J. †

This action was brought by Ellen J. Holmes (respondent) for a declaratory judgment interpreting a provision of her late husband’s will. The will provided in part:

“All of my estate of every kind and character whatsoever, including both real, personal and mixed property, and wheresoever situated, including both that which I may now own and that which I may hereafter acquire, which I may own at the time of my decease, I hereby give, devise and bequeath to my beloved wife, Ellen J. Holmes, to use for her care and maintenance as she finds necessary.

“Upon the passing of my wife, Ellen J.…