Thaxter v. Canal National Bank

Tompkins, J.,

sat at argument and participated in consultation but died prior to the preparation of the opinion.

Murchie, J.

In this Bill in Equity, which comes to the court on report, the plaintiffs seek determination of “the effect and construction” of the will of Mary J. E. Clapp, late of Portland, and four codicils thereto, admitted to probate in October, 1920., and referred to hereafter as the “Will,” to resolve two issues hereafter stated. The process discloses that the Will was construed by a single justice of the court, in earlier proceedings which have a direct bearing (although not a…