Legal Opinion
Chase v. Peckham
Supreme Court of Rhode Island
Decided June 1, 1891PublishedCited by 3 opinions
Bill in Equity to construe the last will of Jethro Peckham, proven before the Probate Court of the town of Middletown, January 16, A. D. 1888.
1Opinion of the CourtStiness, J.
The will before us contains a residuary clause, as follows : —
“ Eighth. I give, bequeath, and devise, to my nephews Theodore D. Peckham, Jethro J. Peckham, Howard R. Peckham, Herbert A. Peckham, Benjamin W. H. Peckham, and Henry L. Peckham, all the rest of my estate, share and share alike, they paying out of the same all my just debts, funeral charges, and the expense of settling my estate.”
This clause, like many such testamentary provisions, describes the residuary legatees in two ways, each of which, taken by itself, has a well-settled legal effect, quite different from the other. It…
2Cases cited7 opinions
- Hoppock v. . TuckerNew York Court of Appeals · 1874
- Stedman v. PriestMassachusetts Supreme Judicial Court · 1869
- Bolles v. SmithSupreme Court of Connecticut · 1872
- Crecelius v. HorstSupreme Court of Missouri · 1883
- Talcott v. TalcottSupreme Court of Connecticut · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- R.I.H. Tr. Co. v. Swan Pt. C'm't'ry.Supreme Court of Rhode Island · 1938
- Industrial National Bank v. DyerSupreme Court of Rhode Island · 1963
- Hagood v. HagoodCourt of Appeals of Texas · 1916