Mann v. Jackson
Supreme Judicial Court of Maine
On report. Bill in equity, heard by agreement upon the facts stated in the bill including the will itself, brought to obtain the legal construction of the will, of the late William Mann, as affecting the rights of the defendant in her father’s homestead, she having-married since his death. The facts and material parts of the will are stated in the opinion.
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On report. Bill in equity, heard by agreement upon the facts stated in the bill including the will itself, brought to obtain the legal construction of the will, of the late William Mann, as affecting the rights of the defendant in her father’s homestead, she having-married since his death. The facts and material parts of the will are stated in the opinion. The provision in the will by which the life estate of the testator’s daughter was to cease, if she married and the homestead go to his three children, is a condition subsequent in general restraint of marriage, without a valid limitation…
1Opinion of the CourtWhitetiouse, J.
This is a bill in equity brought for the purpose of obtaining a judicial construction of the following will:
"1. I will that the money which may come from the policy of insurance, which I hold on my own life, be appropriated to the payment and discharge of any and all mortgages, then existing on my homestead house and lot on Cedar street, in said Bangor, ho that said homestead may be free from all incumbrances, and any balance to be applied to pay any taxes then due or unpaid, on said homestead, and any balance to go with my other estate.
"2. My said homestead, house and lot aforesaid, I give…
2Cases cited2 opinions
- Knight v. MahoneyMassachusetts Supreme Judicial Court · 1890
- Coppage v. Alexander's HeirsCourt of Appeals of Kentucky · 1842
3Cited by6 opinions
- Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
- Latorraca v. LatorracaNew Jersey Court of Chancery · 1942
- In Re Estate of FitzgeraldCalifornia Supreme Court · 1911
- In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915
- In re the Estate of DettmerNew York Surrogate's Court · 1941
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