Hathaway v. Sherman
Supreme Judicial Court of Maine
Bill in equity. This was an amicable bill in equity brought by the widow of late James W. Hathaway, by the guardians of his children, and by his sister, Mrs. Dillingham, for and in behalf of her children, as complainants, against the administrator with the will annexed of said James’ estate and the residuary legatee named in the will in order . to obtain a construction of that instrument, which (omitting the attesting clause and execution, in ordinary form) was as follows :…
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Bill in equity. This was an amicable bill in equity brought by the widow of late James W. Hathaway, by the guardians of his children, and by his sister, Mrs. Dillingham, for and in behalf of her children, as complainants, against the administrator with the will annexed of said James’ estate and the residuary legatee named in the will in order . to obtain a construction of that instrument, which (omitting the attesting clause and execution, in ordinary form) was as follows : “In the name of Grod, amen : I, James W. Hathaway, of Bangor, in the county of Penob-scot, and State of Maine, do make,…
1Opinion of the CourtBarrows, J.
This case calls for a careful examination of certain provisions contained in 'our statutes, relative to moneys which may accrue from life insurance, and to the disposition thereof by the insured or his personal representatives, and the adoption of such a construction of any ambiguous or indefinite expression found *471therein, as shall best accord with the true intent and meaning of all the statutes touching the matter under consideration.
Section ten of chapter seventy-five of the Revised Statutes runs thus:
“ A sum of money received for insurance on his life, deducting the premium paid therefor…
2Cited by4 opinions
- Jorgensen v. DevineyNorth Dakota Supreme Court · 1928
- Fort v. EdwardsNew Jersey Court of Chancery · 1880
- Merrill Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1930
- Wilkinson v. John Hancock Mutual Life InsuranceSupreme Court of Rhode Island · 1905