Fitzsimmons v. Harmon
Supreme Judicial Court of Maine
In equity. On report. Bill in equity brought by "James H. Fitzsimmons, Patrick E. Fitzsimmons and Thomas Fitzsimmons, all of Portland, in said County of Cumberland,” and "against Isabelle C. Harmon, Executrix of the Last Will and Testament of Elizabeth Doherty, late of said Portland, deceased, Joseph Fitzsimmons, John Fitzsimmons, Peter Fitzsimmons, Theresa Fitzsimmons and Kate Fitzsimmons, all of said Portland, and all other heirs at law of Elizabeth Doherty, whose names…
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In equity. On report. Bill in equity brought by "James H. Fitzsimmons, Patrick E. Fitzsimmons and Thomas Fitzsimmons, all of Portland, in said County of Cumberland,” and "against Isabelle C. Harmon, Executrix of the Last Will and Testament of Elizabeth Doherty, late of said Portland, deceased, Joseph Fitzsimmons, John Fitzsimmons, Peter Fitzsimmons, Theresa Fitzsimmons and Kate Fitzsimmons, all of said Portland, and all other heirs at law of Elizabeth Doherty, whose names are to your plaintiffs unknown,” asking the court to construe and interpret the provisions of the last will and testament…
1Opinion of the CourtWhitehouse, C. J.
Elizabeth Doherty of Portland died on the eighteenth day of October, 1909, leaving a will which reads as follows:
"I, Elizabeth Doherty, being in my right mind at this date (October 13th 1909) wishing to dispose of property now in my name, give, devise and bequeathe my property of whatever kind to Isabelle C. Harmon to divide as seems to her best as I have told her my wishes in the matter, mentioning all relatives including my nephews.
I name Isabelle C. Harmon as my executor.”
In this bill in equity, brought by some of the heirs of the testatrix, the plaintiffs ask the court to construe and…
2Cases cited7 opinions
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Russell's Ex'rs v. PassmoreSupreme Court of Virginia · 1920
- First Universalist Soc. of Bath v. SwettSupreme Judicial Court of Maine · 1952
- Baldwin v. DavidsonCourt of Appeals of Tennessee · 1954
- First Portland National Bank v. Kaler-Vaill Memorial HomeSupreme Judicial Court of Maine · 1959
- Gilman v. GilmanSupreme Court of Connecticut · 1923
16 more not listed; retrieve them via the Exa API.