Childs v. Waite
Supreme Judicial Court of Maine
In Equity. In equity. On report. Remanded to Probate Court for appointment of a trustee. Bill in equity in which the plaintiffs, heirs at law of Albion E. Bradbury, late of Canton, deceased testate, asked for a judicial construction of the fourth item of the last will and testament of said deceased.
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In Equity. In equity. On report. Remanded to Probate Court for appointment of a trustee. Bill in equity in which the plaintiffs, heirs at law of Albion E. Bradbury, late of Canton, deceased testate, asked for a judicial construction of the fourth item of the last will and testament of said deceased. This will was duly proved and allowed by the Probate Court, Oxford County, and the executor therein named declining to serve, Byron C. Waite, one of the defendants, was duly appointed and qualified as administrator with the will annexed. The fourth item of said will reads as follows: “Fourth:—I…
1Opinion of the CourtSpear, J.
This is a bill in equity in which the plaintiffs seek judicial construction of the residuary clause of the will of Albion E. Bradbury, late of Canton, in the County of Oxford. The plaintiffs who are the heirs at law, set forth all the necessary jurisdictional facts to enable them to sustain the bill.
Bryon C. Waite, Administrator with the will annexed, and the other defendants in their answer, admit all the allegations of fact in the plaintiffs’ bill and join in the prayer of the plaintiffs for the construction of the will as prayed for in the bill.
Mr. Bradbury after making several bequests,…
2Cited by2 opinions
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