Elliot v. Fessenden
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill, answers and proofs, and brought by the executor of the will of Sarah TI. Joules, late of Bath, deceased, to obtain a construction of the same, and to ascertain whether, under its residuary clause in favor of John Patten, the-property therein should go to his heirs, by right of representation, or be distributed as an intestate estate, said Patten having died before the testatrix.
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On report. Bill in equity, heard on bill, answers and proofs, and brought by the executor of the will of Sarah TI. Joules, late of Bath, deceased, to obtain a construction of the same, and to ascertain whether, under its residuary clause in favor of John Patten, the-property therein should go to his heirs, by right of representation, or be distributed as an intestate estate, said Patten having died before the testatrix. The case shows that Sarah H. Jenks made her will November 28, 1885. She died July 20, 1887, and her will was admitted to probate on the first Tuesday of September, 1887. She…
1Opinion of the CourtWalton, J.
This is a suit in equity, instituted by the executor of the last will and testament of Sarah II; Jenks, asking the court to determine the construction of the will, and whether certain legacies therein mentioned lapse or go to the lineal descendants of the legatees, the legatees themselves having died before the testatrix.
Generally, if a legatee dies before the testator, the legacy lapses. But to this rule there is an exception in favor of relatives.
"When a relative of the testator, having a devise of real or personal estate, dies before the testator, leaving lineal descend*205ants, they take snob…
2Cases cited1 opinion
- Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Wapello County v. EikelbergSupreme Court of Iowa · 1908
- In Re Estate of MillerOregon Supreme Court · 1926
- State ex rel. Menge v. RightorSupreme Court of Louisiana · 1884
- Brotherhood of American Yeomen v. ShineSupreme Court of Iowa · 1923
- Schuck v. SchuckHamilton County Probate Court · 1958