Chafee v. Maker
Supreme Court of Rhode Island
Bill in Equity for instructions. Calvin Dean died May 6, 1856, leaving a last will, dated September 14, 1854, which was proved before the Municipal Court of the city of Providence, June 10, 1856. By this will he made certain specific gifts, directed his executor to sell all the rest of his estate, and from the proceeds made a large number of pecuniary legacies, many of them to his nephews and nieces.
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Bill in Equity for instructions. Calvin Dean died May 6, 1856, leaving a last will, dated September 14, 1854, which was proved before the Municipal Court of the city of Providence, June 10, 1856. By this will he made certain specific gifts, directed his executor to sell all the rest of his estate, and from the proceeds made a large number of pecuniary legacies, many of them to his nephews and nieces. The residuary disposition was as follows: — “ I give and bequeath unto Robert Knight, of said Providence, all the residue and remainder of my estate in trust, to be managed by him to the best…
1Opinion of the CourtMatteson, C. J.
The court decides the questions submitted, and instructs the complainant, as follows : —
First. That the legacy of $3,000, bequeathed to Mary S. (Dean) Rounds in the residuary clause of the will of Calvin Dean, vested in her on the death of the testator, although the payment of it was postponed until the death of Jrdia Ann Maker. The language of the bequest is, “ If there should be anything remaining at the decease of said Julia Ann Maker, then I give and bequeath such residue and remainder to the aforenamed Mary S. Dean, her heirs and assigns forever, provided the amount does not exceed three…
2Cases cited7 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Lupton v. LuptonNew York Court of Chancery · 1817
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Dodge v. . ManningNew York Court of Appeals · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shafer v. TeresoSupreme Court of Iowa · 1907
- Dean v. RoundsSupreme Court of Rhode Island · 1893