Hay v. Dole
Supreme Judicial Court of Maine
On report on agreed statement. A bill in equity seeking the interpretation of the residuary clause in the will of Elizabeth H. Avery. One of the residuary legatees predeceased the testatrix. The only question involved is as to whether the share such predeceased legatee would have received, had she survived the testatrix, goes to the surviving residuary legatees, or remains undisposed of and goes to the heirs at law as intestate property. Case is fully stated in the opinion.
1Opinion of the CourtCornish, C. J.
Bill in equity asking for the interpretation of the third item in the will of Elizabeth H. Avery. This item reads: “All the rest, residue and remainder of my estate both real and personal, wherever situated and however and whenever acquired, I give, 'bequeath and devise to my two brothers Chester H. Dole of Texas, and Edward E. Dole of Shenandoah, Iowa, and to my two sisters, Sarah C. Dole of Portland, Maine, and Mary E. Fuller of Cumberland, Maine, share and share alike- In the event of any of my brothers or sisters above named not surviving me, the share of the brother or sister not…
2Cited by8 opinions
- Estate of NorthcuttCalifornia Supreme Court · 1940
- Estate of BournCalifornia Court of Appeal · 1938
- In Re Will of EdwardsSupreme Judicial Court of Maine · 1965
- St. Clair v. Estate of EdwardsSupreme Judicial Court of Maine · 1965
- Seattle-First National Bank v. BrottWashington Supreme Court · 1942
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