Orr v. Moses
Supreme Judicial Court of Maine
On Report. Assumpsit. The case came before this Court under § 18, c. 77, of the R. S. John P. Smith died testate, leaving a wife, son, mother and two sisters. The widow declined the appointment of executrix, and defendant was appointed administrator with the will annexed. The widow waived the provisions made for her in the will, and received her legal benefits under the statute. Since administration was commenced the mother of the testator has died.
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On Report. Assumpsit. The case came before this Court under § 18, c. 77, of the R. S. John P. Smith died testate, leaving a wife, son, mother and two sisters. The widow declined the appointment of executrix, and defendant was appointed administrator with the will annexed. The widow waived the provisions made for her in the will, and received her legal benefits under the statute. Since administration was commenced the mother of the testator has died. The administrator settled his final account of administration, showing a balance of personal assets against himself of $10,441,35. Of this sum he…
1Opinion of the Court
The opinion of the Court was drawn by
Appleton, C. J.
We are called upon to give a construction to the following clauses found in the will of John P. Smith.
"Second. I give and bequeath to my honored mother, Charlotte G. Brown, the sum of three hundred and fifty dollars, to be paid out of my estate in quarterly payments, during her natural life — after the decease of my mother aforesaid, I give and bequeath to my sisters Cynthia G. Smith and Prances B. Smith, and the survivor of them, the sum of three hundred and fifty dollars annually, to be equally divided between them during their joint…
2Cited by1 opinion
- Merritt v. MerrittNew Jersey Court of Chancery · 1891