In Re Spencer
Supreme Court of Rhode Island
Case Stated for an opinion of the court under Pub. Stat. R. I. cap. 192, § 28. The will of Tabitba G. Spencer, wife of Thomas J. Spencer, of Warwick, proven May 14, 1884, is as follows: “I, Tabitha G. Spencer, wife of Thomas J. Spencer, of Warwick, in the State of Rhode Island, do hereby revoke all former wills by me at any time made, and make and declare this only as my last will and testament, as follows, that is to say : “ I direct that all my debts contracted by me…
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Case Stated for an opinion of the court under Pub. Stat. R. I. cap. 192, § 28. The will of Tabitba G. Spencer, wife of Thomas J. Spencer, of Warwick, proven May 14, 1884, is as follows: “I, Tabitha G. Spencer, wife of Thomas J. Spencer, of Warwick, in the State of Rhode Island, do hereby revoke all former wills by me at any time made, and make and declare this only as my last will and testament, as follows, that is to say : “ I direct that all my debts contracted by me during my life shall be paid by my executors out of my estate. “ I direct my executors, as soon as reasonably may be done…
1Opinion of the CourtDurfee, C. J.
We are of opinion that the executors of the will of the late Tabitha G. Spencer are exempt from suits for legacies for five years after their appointment. The testatrix by her codicil confirms their appointment, and declares it to be her will that “ they shall have five years in which to settle my estate.” The legatees, taking under the will, can only take according to its terms, and are therefore not entitled to enforce their legacies during the five years allowed for the settlement. It is urged that though the five years are allowed, it was not intended that they should be used without…
2Cases cited2 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Martin v. MartinSupreme Court of Pennsylvania · 1837
3Cited by10 opinions
- Kasper v. KellarCourt of Appeals for the Eighth Circuit · 1954
- First National Bank & Trust Co. v. GreeneWisconsin Supreme Court · 1942
- In Re Estate of JennrichSupreme Court of Minnesota · 1936
- Will of PayneWisconsin Supreme Court · 1920
- Kasper v. KellarCourt of Appeals for the Eighth Circuit · 1955
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