Wheeler v. Allen
Supreme Judicial Court of Maine
ON RePOBT. Debt for a legacy. The only question sought to be raised was as to the right of the plaintiff to recover a distributive share under the will. The facts sufficiently appear in the opinion. That the issue respectively of the six sons and daughters, deceased before the execution of the will, were not entitled to take. They were not named. The testatrix’s intimacy with the family made her aware that these " sons and daughters” were deceased when she made her will.
Read the full summary
ON RePOBT. Debt for a legacy. The only question sought to be raised was as to the right of the plaintiff to recover a distributive share under the will. The facts sufficiently appear in the opinion. That the issue respectively of the six sons and daughters, deceased before the execution of the will, were not entitled to take. They were not named. The testatrix’s intimacy with the family made her aware that these " sons and daughters” were deceased when she made her will. If she intended to make these "heirs of the body” of such deceased " sons and daughters,” the recipients of her legacy, it…
1Opinion of the CourtBarrows, J.
Elizabeth Allan, by her will, made Sept. 15, 1854, and admitted to probate in October, 1863, after bequeathing to her brother John Allan, the dividends upon certain stocks and the interest upon certaiu mortgages, to be collected by her executors and paid over to the said John, during his life, and making certain specific bequests of money and other personal property to certain relatives by name, disposed of the remainder of the property as follows :
"I give and bequeath all my property which shall remain after the payment of the foregoing legacies, and the amount hereinafter bequeathed to my…
2Cited by2 opinions
- Bronson v. Phelps's EstateSupreme Court of Vermont · 1886
- In re the Partition of Real Estate of CochranCourt of Chancery of Delaware · 1913