Lapham v. Clapp
Supreme Court of Rhode Island
Bill in equity, filed by the executor and a legatee under the will of James O. Holmes, for instructions as to the duty of said executor and the rights of said legatee under said will. The facts of the case are stated in the opinion of the court. The bill having been taken pro confesso against the respondents, — contended that the legacy given to Louisa Herlitz was a charge upon the real estate of the testator, citing Gould v. Winthrop wife others, 5 R. I. 319; 1 Story’s Eq.
Read the full summary
Bill in equity, filed by the executor and a legatee under the will of James O. Holmes, for instructions as to the duty of said executor and the rights of said legatee under said will. The facts of the case are stated in the opinion of the court. The bill having been taken pro confesso against the respondents, — contended that the legacy given to Louisa Herlitz was a charge upon the real estate of the testator, citing Gould v. Winthrop wife others, 5 R. I. 319; 1 Story’s Eq. Juris. § 566 l; 2 Jarman on Wills, 378-380; and that the court had power to order a sale of the property for the purpose…
1Opinion of the CourtDukeee, J.
This is a bill in equity filed by Simon S. Lap-ham, as executor, and Louisa Herlitz, as legatee, under the will of James O. Holmes, for instructions in regard to the duty of said Lapham and the right of said Louisa Herlitz under said will. The will, after the usual direction to pay debts and expenses, and a bequest of furniture and household goods, bequeaths to the said Louisa the sum of twenty-five dollars per month during her life, and then provides as follows, viz: “After the decease of the said Louisa Herlitz, the residue of my property shall be divided among my legal heirs.” The personal…
2Cited by1 opinion
- Potter v. BrownSupreme Court of Rhode Island · 1875