Birmingham v. Lesan
Supreme Judicial Court of Maine
Bill in equity. Heard on bill, answer and proof. The case has been once before at the law court and is reported 76 Maine, 482. The plaintiffs claim title to the real estate of which James McDermott died seized, as his heirs; the defendant claims title to the same under a mortgage from Catherine McDermott, and John Mehan devisees by the will of the said James McDermott.
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Bill in equity. Heard on bill, answer and proof. The case has been once before at the law court and is reported 76 Maine, 482. The plaintiffs claim title to the real estate of which James McDermott died seized, as his heirs; the defendant claims title to the same under a mortgage from Catherine McDermott, and John Mehan devisees by the will of the said James McDermott. The following are the essential provisions of the will: "Article 1. I will that after the payment of my just debts, I give and bequeath to my wife Catherine McDermott, all the personal property of every name and description,…
1Opinion of the CourtVirgin, J.
It has already been adjudged that the testator’s widow took a life-estate in the farm of which he died seized, 76 Maine, 482.
And now upon careful consideration of all the terms of the will we have concluded that the devise to Mehan was upon *497¡condition. It is very plain that the testator did not intend that he should take an absolute fee by implication in the remainder with a charge upon him personally to support the life-tenant: nor a life-estate in the remainder with a like charge upon the estate devised. McLellan v. Turner, 15 Maine, 438 and cases there cited; 3 Green, Cruise, 283-4 and…
2Cases cited7 opinions
- Candler v. PettitNew York Court of Chancery · 1828
- Greenleaf v. QueenSupreme Court of the United States · 1828
- West v. SchneblyIllinois Supreme Court · 1870
- Davis v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Stafford v. HowlettNew York Court of Chancery · 1828
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3Cited by14 opinions
- Gadbury v. Ohio & Indiana Consolidated Natural & Illuminating Gas Co.Indiana Supreme Court · 1903
- Stroh v. O'HearnMichigan Supreme Court · 1913
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Burdis v. BurdisSupreme Court of Virginia · 1898
- Dunne v. MinsorIllinois Supreme Court · 1924
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