Fox v. Rumery
Supreme Judicial Court of Maine
Bill in equity, asking tbe construction of the will of Samuel Rumery, of Westbrook, who died March 12, 1873, without issue, leaving property, real and personal, amounting to $248,236.25, disposed of by will dated May 7, 1867, containing six items. The first provides for payment of debts and funeral expenses.
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Bill in equity, asking tbe construction of the will of Samuel Rumery, of Westbrook, who died March 12, 1873, without issue, leaving property, real and personal, amounting to $248,236.25, disposed of by will dated May 7, 1867, containing six items. The first provides for payment of debts and funeral expenses. The second gives $10,000, in five shares of $2000 each, to his father, brother, sister and representatives of deceased sisters, each share in case of no surviving representative to be divided among the others, conditioned substantially on his leaving an estate of $é0,000. The third gives…
1Opinion of the CourtBarrows, J.
What was the testator’s intention ? Are the terms of his will such that we can give effect to that intention consistently with the rules of law ? These are the fundamental inquiries, upon the answers to which the rights and duties of these-parties depend.
His heirs at law claim that, by reason of his widow’s refusal t© accept the provision made for her by the will, that portion of the estate given to her therein in lieu of dower remains' undis-*124posed of by the testator, and what is left of it, after deducting the sum allowed her by the probate judge, under P. S., c. 65, § 21, descends to them…
2Cases cited3 opinions
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
3Cited by12 opinions
- Jones v. KnappenSupreme Court of Vermont · 1891
- Northern Trust Co. v. WheatonIllinois Supreme Court · 1911
- Christian v. Wilson's ExecutorsSupreme Court of Virginia · 1930
- Rocker v. MetzgerIndiana Supreme Court · 1908
- American National Bank v. ChapinSupreme Court of Virginia · 1921
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