Legal Opinion

Connolly v. Leonard

Supreme Judicial Court of Maine

Decided September 7, 1915PublishedCited by 4 opinions

On report. This is a bill in equity, in which complainant seeks a construction and interpretation of certain parts of the last will and testament of Thomas D. Leonard, late of Portland, in said county, deceased. At the conclusion of the hearing of this cause, by agreement of the parties, the case was reported to the Law Court for determination upon so much of the evidence as is legally admissible. The case is stated in the opinion.

1Opinion of the CourtPhilbrook, J.

This is a bill in equity brought for the purpose of obtaining judicial construction and interpretation of certain provisions of the will of Thomas D. Leonard. The testator in his will requested that the defendant Matthew J. Leonard be appointed both as executor and trustee, but the probate court, declined to confirm this request, except in part; and Matthew having been appointed as executor, the plaintiff was appointed trustee, and in his said capacity he institutes this proceeding.

The testator having nominated Matthew as executor and trustee, also made to him a devise of certain real estate…

2Cases cited4 opinions

  1. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  2. Matter of Accounting of MasonNew York Court of Appeals · 1885
  3. Fox's EstateSupreme Court of Pennsylvania · 1912
  4. Aspinwall v. PirnieNew York Court of Chancery · 1844

3Cited by4 opinions

  1. United States v. MerriamSupreme Court of the United States · 1923
  2. Stanley v. Henderson, Ind. Extr.Texas Supreme Court · 1942
  3. Moore v. EmerySupreme Judicial Court of Maine · 1941
  4. First Portland National Bank v. RodriqueSupreme Judicial Court of Maine · 1961

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