Legal Opinion

In re Keniston's Will

Supreme Court of Vermont

Decided February 12, 1901PublishedCited by 6 opinions

Appiíai, from a decree of the Probate Court for the district of Orleans construing the will of Mary E. Keniston. E. A. Jackson, administrator of the estate of Nathan Keniston was appellee. H. S. Tolman, administrator of the estate of Mary E. Keniston, The American Board of Commissioners for Foreign Missions, The Woman’s Board of Missions, Auxiliary to the last named Board, and The American Home Missionary Society, were appellants.

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Appiíai, from a decree of the Probate Court for the district of Orleans construing the will of Mary E. Keniston. E. A. Jackson, administrator of the estate of Nathan Keniston was appellee. H. S. Tolman, administrator of the estate of Mary E. Keniston, The American Board of Commissioners for Foreign Missions, The Woman’s Board of Missions, Auxiliary to the last named Board, and The American Home Missionary Society, were appellants. Trial by court, Orleans ‘County, September Term, 1900, Taft, C. J., presiding. The clauses of the will which were in controversy, were the second •and third, which…

1Opinion of the CourtTyler, J.

The case here is upon the construction of the second clause in the will of Mary E. Keniston, which is as follows :

I give and bequeath to my husband, Nathan Keniston the sum of two thousand dollars, also my farm in Greensboro known as the Conant place.

It is contended on the one side that the husband took the two thousand dollars and the farm absolutely; on the other, that he took only a life estate.

There is no rule of law to guide us in the construction of this clause other than to ascertain from the entire contents of the will what was the intention of the testatrix in respect to the quantity…

2Cases cited9 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Benson v. . CorbinNew York Court of Appeals · 1895
  3. Banzer v. . BanzerNew York Court of Appeals · 1898
  4. Stowell v. HastingsSupreme Court of Vermont · 1887
  5. McCloskey v. GleasonSupreme Court of Vermont · 1883

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3Cited by6 opinions

  1. In Re Robinson's WillSupreme Court of Vermont · 1929
  2. Trask v. Walker's EstateSupreme Court of Vermont · 1926
  3. Morse v. Stoddard's EstateSupreme Court of Vermont · 1916
  4. Ripley, Admr. v. Benjamin, Admr.Supreme Court of Vermont · 1940
  5. DeFrates v. Central Union Telephone Co.Illinois Supreme Court · 1909

1 more not listed; retrieve them via the Exa API.

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