Legal Opinion

Squier v. Harvey

Supreme Court of Rhode Island

Decided May 19, 1888PublishedCited by 3 opinions

Bill in Equity for instructions, and to obtain a judicial construction of the following will, which was proven before the Municipal Court of the city of Providence, sitting as a court of probate, March 31,1885: “I, Ira Harvey, of the city and county of Providence, in the State of Rhode Island, make this my last Will and Testament in manner following, that is to say : “I direct that all my just debts, funeral expenses, expense of settling my estate, and expense of suitable…

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Bill in Equity for instructions, and to obtain a judicial construction of the following will, which was proven before the Municipal Court of the city of Providence, sitting as a court of probate, March 31,1885: “I, Ira Harvey, of the city and county of Providence, in the State of Rhode Island, make this my last Will and Testament in manner following, that is to say : “I direct that all my just debts, funeral expenses, expense of settling my estate, and expense of suitable gravestones at my grave, be first paid. “ I give and bequeath to my beloved wife, Mary Harvey, all of my estate, real,…

1Per curiam

Our opinion is, that under the will of Ira Harvey his widow, Mary Harvey, takes the entire estate, less so much thereof as is necessary to answer the requirements of the first clause, to pay the pecuniary legacies in trust and other, these legacies being excepted by the words “ except as hereinafter named; ” but that she takes the same subject to defeasance by her marriage, in which event the real estate will go to James G. Harvey by the specific devise over, and the personal estate given primarily to her will go over to him under the residuary clause. Under that clause he would also have…

2Cited by3 opinions

  1. Busby v. BusbySupreme Court of Iowa · 1908
  2. Staack v. DetterdingSupreme Court of Iowa · 1917
  3. Sczepaniak v. McGlone Et Ux.Superior Court of Pennsylvania · 1948

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