Derby v. Derby Others
Supreme Court of Rhode Island
Bill in equity, filed by the plaintiff, as executor of the last will and testament of the late Richard C. Derby, formerly of Boston, Massachusetts, and late of Newport, Rhode Island, deceased, for the construction of said will, and for the marshal-ling of the legacies therein given in the order and proportion in which they should be paid, the property of the testator proving insufficient to pay them in full. All the legatees were served, and answered the bill.
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Bill in equity, filed by the plaintiff, as executor of the last will and testament of the late Richard C. Derby, formerly of Boston, Massachusetts, and late of Newport, Rhode Island, deceased, for the construction of said will, and for the marshal-ling of the legacies therein given in the order and proportion in which they should be paid, the property of the testator proving insufficient to pay them in full. All the legatees were served, and answered the bill. The will, which had three codicils appended to it, was made at Boston, where the testator was then resident, on the 19th day of…
1Opinion of the Court
Brayton, J.
The first question propounded by this bill, is, whether the legacies to Louisa S. Derby, the wife, to Louisa L. Lear, the step-daughter, and to E. Hasket Derby, the executor, are to be paid in preference to the other legacies given by the will and codicils.
By the original will, the testator provides expressly, “ that in case there shall be any deficiency of my property, the legacies given to my dear wife, Louisa, and to my step-daughter, Louisa L. Lear, and my nephew, E. Hasket Derby, and my servant, James Purrow, shall be paid in preference to all others.
In his first codicil, he…
2Cases cited3 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Brant ex dem. Wilson v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1827
- Kane v. Astor's ExecutorsThe Superior Court of New York City · 1852
3Cited by3 opinions
- Billings v. PaineSupreme Court of Missouri · 1959
- Dean v. RoundsSupreme Court of Rhode Island · 1893
- Congregation Jeshuat Israel v. Congregation Shearith IsraelDistrict Court, D. Rhode Island · 2016