Clifford v. Stewart
Supreme Judicial Court of Maine
On report. Bill in equity by the administrator with the will annexed, and heard on bill and answers, to obtain a construction of the first and fourth clauses of the will of Mary. M. Stewart, late of Bangor, „ deceased. The case is stated in the opinion. Formal words of trust are not absolutely necessary. Cole v. Littlefield, 35 Maine, 439, p. 444; 27 Am. & Eng.
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On report. Bill in equity by the administrator with the will annexed, and heard on bill and answers, to obtain a construction of the first and fourth clauses of the will of Mary. M. Stewart, late of Bangor, „ deceased. The case is stated in the opinion. Formal words of trust are not absolutely necessary. Cole v. Littlefield, 35 Maine, 439, p. 444; 27 Am. & Eng. Enc. of Law, p. 26. If the words be regarded as precatory, there are numerous authorities to show that a trust was intended. 1 Perry on Trusts, § 117; 27 Am. & Eng. Enc. of Law, Title, Trusts & Trustees, Provisions for Maintenance, p.…
1Opinion of the CourtSavage, J.
Bill in equity to construe the will of Mary M. Stewart, late of Bangor. The clauses of the will requiring construction are these:
I. “I give to my grandchildi-en one thousand (§1000) to each one, and I wish and direct that this shall be devoted and expended for their education.”
TV. “All the rest and remainder of my estate of every kind real and personal I give and devise to said Gertrude, Martha and Cara, wives of my sons, Charles, Edward and Rowland, and to my *42son Harry D. Stewart equally share and share alike, and I wish that the indebtedness of Thos. J. Stewart & Co. shall be deducted from…
2Cases cited10 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Lawrence v. . CookeNew York Court of Appeals · 1887
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
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3Cited by7 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Ryder v. LyonSupreme Court of Connecticut · 1912
- First Universalist Soc. of Bath v. SwettSupreme Judicial Court of Maine · 1952
- Grigson v. HardingSupreme Judicial Court of Maine · 1958
- Whicher v. AbbottSupreme Judicial Court of Maine · 1982
2 more not listed; retrieve them via the Exa API.