Young v. Hillier
Supreme Judicial Court of Maine
On report. Real action brought to recover a certain lot of land in Orrington, containing about five acres, and being the former homestead of Nathan P. Marston, deceased testate, and of which he died, seized and possessed. Plea the general issue with brief statement alleging the title to the demanded premises to be in the defendant and not in the plaintiff. Tried at the April term, 1907, of the Supreme Judicial Court, Penobscot County.
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On report. Real action brought to recover a certain lot of land in Orrington, containing about five acres, and being the former homestead of Nathan P. Marston, deceased testate, and of which he died, seized and possessed. Plea the general issue with brief statement alleging the title to the demanded premises to be in the defendant and not in the plaintiff. Tried at the April term, 1907, of the Supreme Judicial Court, Penobscot County. At the conclusion of the evidence, on both sides, it was agreed to report the same to the Law Court," and that court "upon so much thereof as is legally…
1Opinion of the CourtSavage, J.
This is a real action which involved a construction of the will of Nathan P. Marston. The particular clauses which are in question are these : —
"Item. I give, devise and bequeath to my wife, Elizabeth A. Marston, all my estate both real and personal wherever found and however situate for her use during life.
Item. At the death of my said wife Elizabeth, whatever may remain of said estates, I give, devise and bequeath to my daughter Elizabeth A. Young.”
Elizabeth A. Marston is now deceased, and the plaintiff, who is the Elizabeth A. Young named in the second devise, claims title as remainder…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Johnson v. BattelleMassachusetts Supreme Judicial Court · 1878
- Foote v. SandersSupreme Court of Missouri · 1880
3Cited by17 opinions
- Sharpe v. SharpeSupreme Court of Kansas · 1948
- Redman v. EvansTennessee Supreme Court · 1947
- Loud v. PolandSupreme Judicial Court of Maine · 1927
- Vanderlip v. SchlyternNebraska Supreme Court · 1941
- Stewart v. Estate of StewartSupreme Judicial Court of Maine · 1953
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