Legal Opinion

Towle v. Doe

Supreme Judicial Court of Maine

Decided April 9, 1903PublishedCited by 8 opinions

On report. Decree according to opinion of court. Bill in equity to obtain the construction of the residuary clause of the last will anti testament of Josiah Towle, late of Bangor, deceased.

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On report. Decree according to opinion of court. Bill in equity to obtain the construction of the residuary clause of the last will anti testament of Josiah Towle, late of Bangor, deceased. The will showed evidence of being holographic and the complete residuary clause was as follows:— “To my wife Lucinda L. Towle I give & bequeath all the remainder of my property of every description both real personal & mixed to have & to hold occupy & enjoy & receive all the income rents & interest during her life time & at her decease I give & bequeath all the aforesaid property which I have devised to…

1Opinion of the CourtPeabody, J.

This cause comes before the law court on report. It is an equity suit brought for the purpose of obtaining a legal construction of certain provisions of the will of Josiah Towle, late of Bangor, Maine, deceased.

The case shows that the testator made and executed his will on *430the seventeenth day of August, A. D. 1866, and a codicil thereto on the ninth day of March, A. D. 1876. The provisions of the codicil are immaterial in the case. The portions of the will which the parties desire construed being part of the residuary clause, are as follows:

“To my wife, Lucinda L. Towle, I give and bequeath…

2Cases cited4 opinions

  1. Barnum v. BarnumCourt of Appeals of Maryland · 1866
  2. Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
  3. Dorr v. LoveringMassachusetts Supreme Judicial Court · 1888
  4. Deford v. DefordCourt of Appeals of Maryland · 1872

3Cited by8 opinions

  1. Story Ex Rel. Story v. First National Bank & Trust Co.Supreme Court of Florida · 1934
  2. White v. Fleet Bank of MaineSupreme Judicial Court of Maine · 1999
  3. In re Peck's EstateSupreme Court of Vermont · 1922
  4. Otto v. Union National BankCalifornia Supreme Court · 1951
  5. First Portland National BankSupreme Judicial Court of Maine · 1959

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