Kramer v. Carter

This is a hill in equity under the Pub. Sts. c. 136, §§ 26, 29, filed September 22, 1882, and comes before us upon a demurrer to the bill. The bill alleges that the defendants, Samuel Carter and Sarah M. Bruce, are the only devisees and legatees under the will of Mary Ann Carter; that the devises and legacies to the defendant Bruce are specific, and that the defendant Carter is the residuary devisee and legatee. It is not directly alleged, but may be inferred from the bill, that the defendant Carter received, as residuary legatee, more than sufficient to pay the plaintiff’s claim, and it is…