Blair v. Heirs of Johnson
Supreme Court of Vermont
Bill for the construction of a will. Heard upon bill and answer at tlie December term, 1891. Start, chancelor, decreed that the interest of the widow under the will was a life estate. Judith Johnson, the widow, appeals. . The will and codicil were as follows: “ 1st. I hereby revoke and make void any will or wills heretofore made by me. 2d.
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Bill for the construction of a will. Heard upon bill and answer at tlie December term, 1891. Start, chancelor, decreed that the interest of the widow under the will was a life estate. Judith Johnson, the widow, appeals. . The will and codicil were as follows: “ 1st. I hereby revoke and make void any will or wills heretofore made by me. 2d. After tlie payment of my just debts and funeral charges, I give and bequeath to my son, Samuel M. Johnson, the sum of two hundred dollars, and to each of my other children the sum of five hundred dollars. 3d. The balance of all my property, both real and…
1Opinion of the Court
*600The opinion of the court was delivered by
ROWELL, J.
The utmost of the case made by the bill is, that the orator, who is administrator with the will annexed, is in doubt whether the testator’s widow takes an estate for life .or in fee under the will, and he asks the court to advise him. It is not alleged that an occasion has arisen or is likely to arise that makes, or will make, it necessary for him to know how that is, assuming it to be doubtful. The widow is entitled to a life support at least. This cannot be questioned. She is, for aught that appears in the bill, to which alone we must look…
2Cited by8 opinions
- Appleby v. WatkinsSupreme Court of Minnesota · 1905
- Domestic & Foreign Missionary Society, Protestant Episcopal Church v. EellsSupreme Court of Vermont · 1896
- O'Rourke v. ClearySupreme Court of Vermont · 1932
- Clark v. Peck's Exrs.Supreme Court of Vermont · 1906
- Harris v. HarrisSupreme Court of Vermont · 1906
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