Wentworth v. Fernald
Supreme Judicial Court of Maine
On Report. This was a bill of interpleader filed by the plaintiff as trustee under the will of Robert W. Traip, deceased, to obtain the instructions of the court in the discharge of his duties as trustee. The defendants are the administrators and heir of a deceased brother and two sisters of the testator, who were in their lifetime beneficiaries under the will, and the trustees of a fund, provided in the will, for the erection of an academy in Kittery.
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On Report. This was a bill of interpleader filed by the plaintiff as trustee under the will of Robert W. Traip, deceased, to obtain the instructions of the court in the discharge of his duties as trustee. The defendants are the administrators and heir of a deceased brother and two sisters of the testator, who were in their lifetime beneficiaries under the will, and the trustees of a fund, provided in the will, for the erection of an academy in Kittery. The other facts appear in the opinion. I. Disposition of the income and accumulations of the trust fund: (1) There is survivorship between the…
1Opinion of the CourtWhitehouse, J.
This is a bill in equity brought to obtain a judicial construction of the will of Robert W. Traip.
After giving to his wife an annuity of three hundred dollars, payable semi-annually, and making three other absolute bequests of five hundred dollars each, the testator makes the following disposition of the “rest, residue and remainder” of his property, viz:
“ All the rest, residue and remainder of my estate, whether real or personal, and wherever and however situated, I give, devise and *286bequeath unto Wm. H. Y. Haokett, of Portsmouth, in the County of Rockingham and State of New Hampshire,…
2Cases cited4 opinions
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Sisson v. SeaburyU.S. Circuit Court for the District of Rhode Island · 1832
- Minot v. TappanMassachusetts Supreme Judicial Court · 1879
3Cited by13 opinions
- Brown v. BrownNew Mexico Supreme Court · 1949
- Rock Island Bank & Trust Co. v. RhoadsIllinois Supreme Court · 1933
- Noble v. NobleSupreme Court of Oklahoma · 1951
- First Portland National Bank v. RodriqueSupreme Judicial Court of Maine · 1961
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
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