Stuart v. Walker
Supreme Judicial Court of Maine
Demurrer to bill in equity. The bill sets out that Daniel C. Berry made a will September 15, 1878, containing the devises stated in the opinion.
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Demurrer to bill in equity. The bill sets out that Daniel C. Berry made a will September 15, 1878, containing the devises stated in the opinion. After his death, his will was duly probated and allowed, and the plaintiffs and the widow, Mary Berry, were appointed executors at the November term, 1873. In 1875, Mary Berry married Love Straw, with whom she lived until July 5, 1878, when she died intestate and childless, and Elliot Walker was duly appointed administrator on her estate. The other defendants are the surviving husband and heirs of Mary Straw. And the bill further shows that the…
1Opinion of the CourtPeters, J.
A testator makes the following devise : "I give, devise, and bequeath unto my wife, Mary Berry, all the rest and ; residue of my estate, real and personal, of what kind soever and ■wherever situate, with the right to use, occupy, lease, exchange, : sell or otherwise dispose of the same, and the increase and income thereof, according to her own will and pleasure during her lifetime. Meaning and intending hereby that the said Mary Berry ^during her lifetime shall have the absolute right, power, and authority to use and dispose of, by sale or otherwise, all said 'devised estate, real and…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Jackson v. SebringNew York Supreme Court · 1819
- Ayer v. AyerMassachusetts Supreme Judicial Court · 1880
- Hall v. OtisSupreme Judicial Court of Maine · 1880
3Cited by14 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- In Re Robinson's WillSupreme Court of Vermont · 1929
- In re the Estate of OertleSupreme Court of Minnesota · 1885
- Brown v. BrownSupreme Court of Iowa · 1932
- In re FernbacherNew York Surrogate's Court · 1886
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