Nash v. Simpson
Supreme Judicial Court of Maine
Bill in equity to obtain a construction of the will of Simeon H. Nash, and for an account and partition. Heard on bill, answer and proof. It appears from the report of the case that Simeon II.
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Bill in equity to obtain a construction of the will of Simeon H. Nash, and for an account and partition. Heard on bill, answer and proof. It appears from the report of the case that Simeon II. Nash died June 24, 1866, and his will contained the devise recited in the head note; that the widow of the testator, Eliza B. Nash, died July 19, 1884; that the complainant was the husband of the daughter of the testator, Abbie W. Nash, and she died.November 2, 1874, leaving a will in which she devised her estate to her husband, the complainant; that the complainant conveyed to Francis Y. Bulfinch,…
1Opinion of the Court
Virgin, «J.
Simeon H. Nash died testate leaving a widow and two heirs — one a daughter and the other a daughter of a deceased daughter — the defendant.
The complainant claims that by the will of the testator, his widow took only a life-estate in the real estate, and that as the reversion was not disposed of by the testator, the two heirs became tenants in common, each owning an undivided half thereof.
The defendant contends that the widow took a fee ; and that as the widow died intestate, the reversion descended to herself as the only surviving heir.
The first question therefore is, what estate…
2Cases cited13 opinions
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Gay v. ParpartSupreme Court of the United States · 1883
- Meeks v. OlphertsSupreme Court of the United States · 1880
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
- Leach v. BeattieSupreme Court of Vermont · 1860
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3Cited by13 opinions
- Burton v. PerryIllinois Supreme Court · 1893
- Cassidy v. MurraySupreme Judicial Court of Maine · 1949
- First Portland National Bank v. Kaler-Vaill Memorial HomeSupreme Judicial Court of Maine · 1959
- Archer v. BarnesSupreme Court of Iowa · 1910
- Maddox v. YoeCourt of Appeals of Maryland · 1913
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