Morse v. Hayden
Supreme Judicial Court of Maine
In EQUITY. Bill in equity by the executrix of the will of George W. Morse, of .Union, deceased, to obtain the construction of the will and her duty in regard to her own share in the real and personal estate ; the shares of the surviving children of the testator; and from what property the debts of the estate shall be paid. The widow did not waive the provisions of the will. The case is stated in the opinion. Copy oe Will.
Read the full summary
In EQUITY. Bill in equity by the executrix of the will of George W. Morse, of .Union, deceased, to obtain the construction of the will and her duty in regard to her own share in the real and personal estate ; the shares of the surviving children of the testator; and from what property the debts of the estate shall be paid. The widow did not waive the provisions of the will. The case is stated in the opinion. Copy oe Will. Know all men by these presents that I, George W. Morse of the town of Union, County of Knox, State of Maine, being of sound and disposing mind and memory, do make, ordain…
1Opinion of the CourtVirgin, J.
The construction of a will and the mode of executing the trust by the executrix are sought by these parties.
The testator, by the second item of his will gave to his wife one undivided half of his homestead of ninety-six acres together with his pleasure carriage, best harness, horse, best sleigh and buffalo robe and two best cows, “on condition that she shall provide and maintain our son Sydney E. Morse until he shall attain his majority.”
1. Was the land and personal property mentioned given on a condition precedent or subsequent ?
We have no doubt it was on condition subsequent. Conditions…
2Cases cited2 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1878
3Cited by16 opinions
- Burnham v. BurnhamWisconsin Supreme Court · 1891
- Huffman v. RicketsIndiana Court of Appeals · 1916
- Burdis v. BurdisSupreme Court of Virginia · 1898
- In Re Will of EdwardsSupreme Judicial Court of Maine · 1965
- Disney v. WilsonSupreme Court of Virginia · 1950
11 more not listed; retrieve them via the Exa API.