Pond v. Allen
Supreme Court of Rhode Island
Bill in Equity for tbe administration of a testate estate. Elmira Helme, tbe testatrix, gave, by her will, a life estate to ber husband in her entire property. Her will, after tbis life estate, contained devises and bequests which exhausted tbe property and left a large deficit.
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Bill in Equity for tbe administration of a testate estate. Elmira Helme, tbe testatrix, gave, by her will, a life estate to ber husband in her entire property. Her will, after tbis life estate, contained devises and bequests which exhausted tbe property and left a large deficit. She died August 17, 1876. Her bus-band, James Helme, died December 22, 1883. The bill in tbis ease prayed that tbe personal estate, the rents and profits of the realty after tbe death of James Helme, and the proceeds of a sale of the realty, which was asked for, might be applied to the purposes of the will; that a…
1Opinion of the CourtDureee, C. J.
The decision of the court on the questions submitted is as follows, to wit: —
First. The devise of the Blackstone estate to Francis Met-calf is an out-and-out devise to him of the fee in remainder, and entitled him to the rents thereof immediately after the death of James Helme, the life tenant. The direction in Item 18 is in our opinion a direction to the administrator to be appointed “ to make a final settlement of the estate,” and as such relates only to the pecuniary bequests and bequests of personalty.
>Second. It is competent for a court of chancery to sequester the rents of real estate…
2Cases cited6 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Fish v. HowlandNew York Court of Chancery · 1828
- Harris v. FlyNew York Court of Chancery · 1839
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
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3Cited by6 opinions
- Griscom v. CommissionerUnited States Board of Tax Appeals · 1931
- Stevens v. CarrollOregon Supreme Court · 1913
- Kittridge v. HebertSupreme Court of Louisiana · 1854
- In re Gans' WillAppellate Division of the Supreme Court of the State of New York · 1909
- National Labor Relations Board v. Wolff & Munier, Inc.Court of Appeals for the Third Circuit · 1984
1 more not listed; retrieve them via the Exa API.