Elder v. Elder
Supreme Judicial Court of Maine
Bill in Equity. The bill states that the plaintiff is the widow of Samuel Elder of Portland, who died Oct. 15, 1856, leaving a will and codicil, which were duly proved in December, 1856. Among the provisions of the will and codicil are the following:— From the will: — "I, having a family of wife and children, whom I have kept together until some of my children have arrived to the age of twenty-one years, and capable of supporting themselves, and wishing that my minor…
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Bill in Equity. The bill states that the plaintiff is the widow of Samuel Elder of Portland, who died Oct. 15, 1856, leaving a will and codicil, which were duly proved in December, 1856. Among the provisions of the will and codicil are the following:— From the will: — "I, having a family of wife and children, whom I have kept together until some of my children have arrived to the age of twenty-one years, and capable of supporting themselves, and wishing that my minor children may have the same privilege and assistance that the older children have enjoyed, my will is, — that the property I may…
1Opinion of the Court
The opinion of the Court was drawn up by
Gootxenow, J.
The demurrer admits the facts stated in the bill. The 9th and 10th sections of c. 68, R. S., give this Court power to determine all matters relating to testamentary trustees. If the plaintiff* is entitled to any relief, it is a case within the jurisdiction of the Court. She holds the estate in trust, not only for herself, but for all the chil*542dren. She might have waived the provision made for her in the will, and claimed her dower in the real estate, and applied to the Judge of Probate for an allowance from the personal estate. This might…
2Cases cited1 opinion
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- Cassidy v. MurraySupreme Judicial Court of Maine · 1949
- In Re Estate of Burdon-MullerSupreme Judicial Court of Maine · 1983
- Jorge v. Da SilvaSupreme Court of Rhode Island · 1983
- Northwestern National Bank v. BalchSupreme Court of Minnesota · 1948
3 more not listed; retrieve them via the Exa API.