Smith v. Lambert
Supreme Judicial Court of Maine
Trial before Shepley, C. J. Assumpsit for a residuary legacy made to Mrs. Smith by the will of her father. The will gave to his widow one third of all the estate, and to his oldest son two dollars, and the residue to his other seven children, of whom Mrs. Smith, the plaintiff', was one, in equal shares.
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Trial before Shepley, C. J. Assumpsit for a residuary legacy made to Mrs. Smith by the will of her father. The will gave to his widow one third of all the estate, and to his oldest son two dollars, and the residue to his other seven children, of whom Mrs. Smith, the plaintiff', was one, in equal shares. The will was approved, and the defendant was commissioned as executor, in 1840. The inventory amounted to $1196,59. It was of personal property only, and consisted almost wholly of notes, upon annual interest, due to the estate from the oldest son, and secured by mortgage of real estate. The…
1Opinion of the CourtTenney, J.
— The statute allows one year to an executor or administrator, in which to administer an estate, and pay all claims against it, unless other provisions are contained in a will annexed to letters testamentary ; or unless the condition of the estate is such, that it cannot be done. Hence a particular legacy is payable in one year, if no time of payment is specified in the will, provided there are assets belonging to the *141estate in the hands of the executor, subject to the legacy. Sullivan & ux. v. Winthrop & al. 1 Sum. 1; Dawes v. Swan, 4 Mass. 208. A residuary legacy depends upon a further…
2Cases cited3 opinions
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Sullivan v. WinthropU.S. Circuit Court for the District of Massachusetts · 1829
3Cited by8 opinions
- Tucker v. StewartSupreme Court of Iowa · 1903
- Newton, Admx. v. HuntIndiana Court of Appeals · 1952
- McGahan v. National Bank of LogansportIndiana Court of Appeals · 1972
- Steere v. WoodSupreme Court of Rhode Island · 1885
- Drown v. StaplesSupreme Court of Rhode Island · 1892
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