Robinson
Supreme Judicial Court of Maine
On exceptions. The case appears in the opinion. At common law a devise or grant to husband and wife created a tenancy by the entirety and the survivor took the whole, and this rule has been adopted in this state, notwithstanding R. S., c. 73, § 7. Harding v. Springer, 14 Maine, 407. So recognized in Stetson v. Eastman, 84 Maine, 366. And in those states where the greatest advances have been made by statute and by judicial decision in abolishing joint tenancies, tenancy by…
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On exceptions. The case appears in the opinion. At common law a devise or grant to husband and wife created a tenancy by the entirety and the survivor took the whole, and this rule has been adopted in this state, notwithstanding R. S., c. 73, § 7. Harding v. Springer, 14 Maine, 407. So recognized in Stetson v. Eastman, 84 Maine, 366. And in those states where the greatest advances have been made by statute and by judicial decision in abolishing joint tenancies, tenancy by the entirety has been generally preserved, notwithstanding acts enlarging the rights of married women. Pray v. Stebbins,…
1Opinion of the CourtWhitehouse, J.
This is an appeal from the decree of a Probate Court.
The executor of the will of Charles P. McKenny filed a petition under the provisions of R. S., c. 65, § 27, as amended by chapter 49 of the laws of 1891, asking for an order of distribu*20tion which would protect him in paying out the residue of the estate in his hands. This involved a construction of the following residuary clause in the will.
" The residue and remainder of all my estate of which I may die seized and possessed, both real and personal, not herein ■otherwise disposed of, I give, bequeath and devise the same to my son-in-law,…
2Cases cited3 opinions
- Hoffman v. StigersSupreme Court of Iowa · 1869
- Whittlesey v. FullerSupreme Court of Connecticut · 1836
- Cooper v. CooperIllinois Supreme Court · 1875
3Cited by19 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Columbian Carbon Co. v. KightCourt of Appeals of Maryland · 1955
- Poulson v. PoulsonSupreme Judicial Court of Maine · 1950
- Godman v. GreerOrphan's Court of Delaware · 1918
- Kunz v. KurtzCourt of Chancery of Delaware · 1899
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