Legal Opinion

Blouin v. Phaneuf

Supreme Judicial Court of Maine

Decided January 5, 1889PublishedCited by 4 opinions

On report. Bill in equity to obtain the construction of the will of Magloire Phaneuf, late of Lewiston, deceased, and came before the court for hearing on bill, answers and proof. The questions presented for decision relate to the proper disposition of money derived from life insurance, and a bequest to the widow for her support and that of her daughter, the former having waived the provisions of the will in her favor.

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On report. Bill in equity to obtain the construction of the will of Magloire Phaneuf, late of Lewiston, deceased, and came before the court for hearing on bill, answers and proof. The questions presented for decision relate to the proper disposition of money derived from life insurance, and a bequest to the widow for her support and that of her daughter, the former having waived the provisions of the will in her favor. Counsel argued that the insurance money passed by the will. The size of the bequests proves such was the testator’s intention and belief; his estate would not justify such…

1Opinion of the CourtVirgin, J.

In addition to some $12,000 worth of real and' personal estate exceeding the debts and charges of administration, the testator left four life policies of insurance, — one for $5,000 and three for $2,000 each, all payable to bis legal representatives.

*180One of the questions submitted is: Whether the money derived from the policies goes under the residuary clause to the trustees, or descends under the provisions of R. S., c. 75, § 10, to the testator’s widow and only daughter,- — -the estate being solvent.

Whether a solvent testator can bequeath insurance money to persons other than his widow and…

2Cases cited4 opinions

  1. Warner v. BatesMassachusetts Supreme Judicial Court · 1867
  2. Loring v. LoringMassachusetts Supreme Judicial Court · 1868
  3. Bristol v. AustinSupreme Court of Connecticut · 1873
  4. Smith v. . BowenNew York Court of Appeals · 1866

3Cited by4 opinions

  1. Miller v. MillerSupreme Court of Iowa · 1925
  2. Davidson Realty Co. v. CaldwellSupreme Court of Iowa · 1927
  3. Jones v. JonesIndiana Court of Appeals · 1925
  4. Merrill Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930

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