McCloskey v. Gleason
Supreme Court of Vermont
[In Chancery.] Bill in equity for the construction of the will of David Carpenter ; for an accounting by the administrator; and to charge the administrator with all losses while the estate was in his hands. Heard on bill, answer, traverse, and report of special masters, September Term, 1881, Washington County.
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[In Chancery.] Bill in equity for the construction of the will of David Carpenter ; for an accounting by the administrator; and to charge the administrator with all losses while the estate was in his hands. Heard on bill, answer, traverse, and report of special masters, September Term, 1881, Washington County. Eedfield, Chancellor, in his decretal order, construed the will to • mean that although the widow remarried, she acquired the title and right of disposal of the property in her discretion, with the provision that what should remain at her decease should be expended in building a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The first question is in regard to the construction to be given to that portion of the will of 'Daniel Carpenter, deceased, of whose estate the defendant is administrator de bonis non, cum testamento annexo, which relates to the bequest to the plaintiff wife. It is as follows :
“After all my lawful debts are paid, I will to my wife, ileliann Carpenter, all my property, both personal and real; but at her decease none of said property is to go to her heirs or my heirs ; but it is to be economically used at her decease in constructing a monument…
2Cases cited12 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Henderson v. BlackburnIllinois Supreme Court · 1882
- Parsons v. WinslowMassachusetts Supreme Judicial Court · 1810
- Richardson v. PaigeSupreme Court of Vermont · 1882
- Farwell v. SteenSupreme Court of Vermont · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stowell v. HastingsSupreme Court of Vermont · 1887
- In Re Robinson's WillSupreme Court of Vermont · 1929
- Tuttle v. TuttleSupreme Court of Vermont · 1942
- In Re Estate of ValiquetteSupreme Court of Vermont · 1961
- Walton v. Estate of HallSupreme Court of Vermont · 1894
21 more not listed; retrieve them via the Exa API.