Dean v. Rounds
Supreme Court of Rhode Island
Bill in Equity to construe a will and to establish a claim /to a legacy. The will was that of Mary S. (Dean) Rounds and the facts involved are stated in Chafee v. Maker, 17 R. . I. 739, 740-742.
1Opinion of the Court
The third clause of the will of Mary S. Rounds is as follows: "All moneys or legacies coming to me from any source, I give and bequeath to my brother and sister, including my stepson, Walter B. Rounds, to be divided equally, to share and share alike." And the first question raised is whether or not said clause creates a specific legacy. We do not think it does. A specific legacy, as the term imports, is a gift or bequest of some definite specific thing, something which is capable of being designated and identified. 1 Roper on Legacies, 190; Case of Walker's Estate, 3 Rawle, 229, 237; Bradford…
2Cases cited24 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- Gelbach v. ShivelyCourt of Appeals of Maryland · 1887
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brooks v. HargraveMichigan Supreme Court · 1914
- McGee v. McGeeSupreme Court of Rhode Island · 1980
- Estate of O'GormanCalifornia Superior Court · 1910
- Ryan v. MonastSupreme Court of Rhode Island · 1942