In re Cushing's Will
Supreme Court of Vermont
Appeal from the Probate Court. Heard on a commissioner’s report, December Term, 1885, Taft, J., presiding. Judgment pro forma for the appellant. Henry Boynton was the executor of said Nathan Cushing’s will, and the party appealing in this case from the decision of the Probate Court. James C. Barrett was the executor of the will of Lucy B. Cushing, the widow of said Nathan Cushing.
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Appeal from the Probate Court. Heard on a commissioner’s report, December Term, 1885, Taft, J., presiding. Judgment pro forma for the appellant. Henry Boynton was the executor of said Nathan Cushing’s will, and the party appealing in this case from the decision of the Probate Court. James C. Barrett was the executor of the will of Lucy B. Cushing, the widow of said Nathan Cushing. It appeared that the said Nathan die'd testate December 2, 1872, leaving the said Lucy B., his widow, and three children or heirs by a former wife, the said Lucy B. being his second wife. The said Lucy B. deceased…
1Opinion of the Court
The opinion of the court was delivered by
Yeaztsy, J.
The question is as to the proper construction of the provisions of the will of Nathan Cushing, de*396ceased, in behalf of his wife. He first willed her $1,000; then follows the principal clause in controversy, viz.:
“I also give and bequeath to my said wife the whole interest and income of $6,000 to be paid to her each and every year during her life, the first payment to be made at the close of one year after my decease, and so on annually thereafter as long as she shall live. And if said interest or income shall at any time prove insufficient to…
2Cases cited2 opinions
- Hibbard v. HurlburtSupreme Court of Vermont · 1838
- Richardson v. PaigeSupreme Court of Vermont · 1882
3Cited by7 opinions
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- Rothschild v. WeinthelIndiana Supreme Court · 1921
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