Thompson's Administrator v. Churchill's Estate
Supreme Court of Vermont
Appeal from a decree of the Probate Court for the District of Hartford. Heard by the court, December Term, 1887, Boro®, Ch. J., presiding. Judgment that the decree of the Probate Court be reversed and that the legacy named in the will and codicil be paid to May Thompson. Maria F. Johnson was executrix of Mrs. Churchill’s will and Lewis Pratt was administrator of Arthur Thompson’s estate..
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Appeal from a decree of the Probate Court for the District of Hartford. Heard by the court, December Term, 1887, Boro®, Ch. J., presiding. Judgment that the decree of the Probate Court be reversed and that the legacy named in the will and codicil be paid to May Thompson. Maria F. Johnson was executrix of Mrs. Churchill’s will and Lewis Pratt was administrator of Arthur Thompson’s estate.. The will and codicil in contention were as follows: “I give and bequeath to my daughter Maria, the use during her life, or if she should marry, so long as she remains unmarried, of all my property, real and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The contention is whether the survivorship clause, *376in the will, between the children of the daughter, Delia, is to be applied to the additional gift to the same children made in the codicil of the will. The will and codicil form one instrument, and are to be construed together. The intention of the testatrix, as gathered from the whole instrument, is to control. At the time the will was made the daughter, Delia, had deceased. The testatrix, in making provision for her two children was careful and explicit in excluding the father of the children…
2Cited by6 opinions
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Boyce v. SumnerSupreme Court of Vermont · 1924
- In Re Peck's EstateSupreme Court of Vermont · 1929
- In re the Judicial Settlement of the Accounts of FrankenheimerAppellate Division of the Supreme Court of the State of New York · 1909
- In re Gans' WillAppellate Division of the Supreme Court of the State of New York · 1909
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