Legal Opinion

Pierce v. Stidworthy

Supreme Judicial Court of Maine

Decided March 4, 1887PublishedCited by 5 opinions

On report. Bill in equity by the administrator, with the will annexed, of the estate of John Stidworthy against the widow and heirs of the testator, to obtain a construction of the will.

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On report. Bill in equity by the administrator, with the will annexed, of the estate of John Stidworthy against the widow and heirs of the testator, to obtain a construction of the will. Woodman and Thompson, for the widow, cited: Gomegys v. Vasse, 1 Peters, 210 ; Erwin v. U. S. 7 Otto, 392 ; Phelps v. McDonald, 9 Otto, 298 ; Leonard v. Nye, 125 Mass. 455 ; Bacon v. Woodioard, 12 Gray, 376; McGarty v. Oosgrove, 101 Mass. 124; Gifford v. Ghoate, 100 Mass. 343; Sampson v. Randall, 72 Maine, 109. In the present case no valid claim existed against Great Britain, no claim growing out of and…

1Opinion of the CourtLibbey, J.

This is a bill in equity to obtain the true construction of the will of John Stidworthy, who died in April, 1875.

By the second clause in his will he gave small legacies to each of his children. The third clause is as follows : "All the residue of my estate, real, personal and mixed, of which I shall die possessed, or which I may be entitled to at my decease, I give, devise and bequeath to my faithful wife, Katharine A. Stidworthy, for the term of her life, with the right and power to dispose of the income, rents, profits and interest of the same, and with the further right to apply to her use…

2Cases cited3 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Erwin v. United StatesSupreme Court of the United States · 1878
  3. Leonard v. NyeMassachusetts Supreme Judicial Court · 1878

3Cited by5 opinions

  1. Wayne v. HartridgeSupreme Court of Georgia · 1917
  2. Shackelford v. FiferSupreme Court of Missouri · 1954
  3. Wiktorowicz v. HaleySupreme Judicial Court of Maine · 1969
  4. Camp v. VaughanSupreme Court of Georgia · 1903
  5. Wiktorowicz v. HaleySupreme Judicial Court of Maine · 1969

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