Warren v. Webb
Supreme Judicial Court of Maine
On report. Assuhpsit, on a promissory note of defendants for $666.66, dated February 6, 1864 ; also for $1,545, cash received by them of testator’s widow.
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On report. Assuhpsit, on a promissory note of defendants for $666.66, dated February 6, 1864 ; also for $1,545, cash received by them of testator’s widow. The defense was that, although the note and the money were the property of the testator, yet they were given to her by will ; and having been applied by her in payment to the maker of the note for one-quarter of the schooner “A. H. Whitmore,” built by him, the executor could not rightfully recover for the note or the money. The plaintiff’s position was that the will did not authorize such an appropriation. The facts, sufficient to raise the…
1Opinion of the CourtDioKerson, J.
This case is presented on report, and involves a construction of the will of Samuel Whitmore, late of Deer Isle, deceased. The principal questions arise under the second item in the will, which is as follows: “ I give, bequeath and devise to my beloved wife, Abigail H. Whitmore, for and during her natural life, all my estate and property, real, personal and mixed, wherever found and however situated, to have and to hold the same to her and her assigns, for and during the term aforesaid, for her proper use, benefit and support' and maintenance ; and after her decease, said-estate and property,…
2Cited by12 opinions
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Estate of GarrityCalifornia Supreme Court · 1895
- Scott v. ScottSupreme Court of Iowa · 1908
- Galloway v. SewellSupreme Court of Arkansas · 1924
- Ashbaugh v. WrightSupreme Court of Minnesota · 1922
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