Lyon v. Lyon
Supreme Judicial Court of Maine
On exceptions. This was an action of debt brought in the Superior Court, for Kennebec county, to recover from the executors of the will of Abigail Sanford the sum of $2000 under the following provision of her will: "I give and bequeath to each of my nephews and nieces who may be living at the time of my decease, $2000.” The plea was the general issue.
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On exceptions. This was an action of debt brought in the Superior Court, for Kennebec county, to recover from the executors of the will of Abigail Sanford the sum of $2000 under the following provision of her will: "I give and bequeath to each of my nephews and nieces who may be living at the time of my decease, $2000.” The plea was the general issue. The plaintiff claimed to be the illegitimate son of Tabor Lyon, who was the brother of Abigail Sanford, and, although illegitimate, to be entitled to this legacy under Stat. 1887, c. 14. 1. On this point the presiding judge instructed the jury,…
1Opinion of the CourtFoster, J.
Action of debt to recover a legacy of $2000 mentioned in the last will of Abigail Sanford, who was the sister of the plaintiff’s father.
The testatrix died August 7, 1889, having in the preceding April, executed her will under which the plaintiff claims as one of her nephews, by force of the following item: "I give and bequeath to each of my nephews and nieces who shall be .living at the time of my decease, $2000.”
The facts present the following as the principal question: Can an illegitimate son, born after March 24, 1864, whose parents intermarried subsequently to his birth, take by the will…
2Cases cited1 opinion
- John Denn, Lessee of Charles C. Scott, and Others v. Thomas Reid, Jun., and OthersSupreme Court of the United States · 1836
3Cited by23 opinions
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Gates v. SeibertSupreme Court of Missouri · 1900
- Lichter v. ThiersWisconsin Supreme Court · 1909
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
- Johnstone v. TaliaferroSupreme Court of Georgia · 1899
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