In re Estate of Pomainville

The will of the testatrix provided for a bequest to two of her daughters of her “clothing, jewelry, personal effects, silverware, chinaware and similar items of tangible personal property located in [her] home.” The executor’s proposed final decree of distribution included the household furnishings located in the home under this provision. The appellant, a residual beneficiary, objected, claiming that the household furnishings should not be included under that provision but should pass under the residuary clause.

The probate court approved the executor’s proposed final decree. The appellant…