Earl v. Rowe
Supreme Judicial Court of Maine
On Facts agreed. Trespass, quare clausum. John Rowe devised his real estate to his son Ephraim. After the death of Ephraim, he subjoined a codicil to his will, disposing of the land as follows; viz: — “I bequeath the land to the three sons of my late son Ephraim, now minors, in equal proportions as they shall arrive at twenty-one years of age, aud in case of the death of either of them before the age of twenty-one years and unmarried, then his share shall descend to the…
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On Facts agreed. Trespass, quare clausum. John Rowe devised his real estate to his son Ephraim. After the death of Ephraim, he subjoined a codicil to his will, disposing of the land as follows; viz: — “I bequeath the land to the three sons of my late son Ephraim, now minors, in equal proportions as they shall arrive at twenty-one years of age, aud in case of the death of either of them before the age of twenty-one years and unmarried, then his share shall descend to the surviving brother or brothers, and for the better support and education of my grandchildren before named, I do hereby give…
1Opinion of the CourtShepley, C. J.
— The first question presented for decision is, whether John Rowe by his will devised to Keziah Rowe one third part of his estate for life. It is not denied, that by the codicil an estate was devised to her during the minority of her sons, while it is insisted for the plaintiff, that her estate then terminated, and that she was to receive for her support one third part of the net profits in the nature of a legacy to be paid by her sons, who were then to become the owners of the whole estate.
The effect of a devise of the “occupation and profits” of land, when there was no devise in terms of…
2Cited by15 opinions
- Buckley v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
- People ex rel. Farnum v. San Francisco Savings UnionCalifornia Supreme Court · 1887
- Goodwin v. McGaugheySupreme Court of Minnesota · 1909
- Schnack v. City of LarnedSupreme Court of Kansas · 1920
- Niland v. NilandWisconsin Supreme Court · 1913
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