Osgood v. Lovering
Supreme Judicial Court of Maine
Appeal from a decree of the Judge op Probate. The testator devised and bequeathed to his wife the use of all his real and personal estate, while she should remain his widow. He then bequeathed to her and to three of his five children the sum of five hundred dollars each.
Read the full summary
Appeal from a decree of the Judge op Probate. The testator devised and bequeathed to his wife the use of all his real and personal estate, while she should remain his widow. He then bequeathed to her and to three of his five children the sum of five hundred dollars each. He then devised and bequeathed to his son Daniel all his real and personal estate after the decease or marriage of his widow; then bequeathed the residue of his personal estate, goods and chattels, one fifth part each to four of his children, and the other fifth as follows, viz: one half of it to his daughter, Phebe Lovering,…
1Opinion of the Court
Shepley, O. J.
— The rights of the parties depend upon a *467correct construction of the will of Daniel Faulkner. It was evidently drawn by a person not learned in the law.
The residuary clause would seem to be inconsistent with the devise of all his real and personal estate to his son Daniel, after the decease or marriage of his widow, unless the phrase “ personal estate” be so restricted as to include only the tangible personal property of the testator. Whether the devise to Daniel became operative, so that this question would be presented, and if so, how it has been settled does not appear.
The…
2Cases cited2 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- Tier v. PennellNew York Court of Chancery · 1832
3Cited by4 opinions
- Burnett v. Mutual Life InsuranceIndiana Court of Appeals · 1916
- Bradley v. GilliamCourt of Appeals of Texas · 1924
- Marconnier v. PrestonWashington Supreme Court · 1917
- Yancey v. First National Bank & Trust Co.Supreme Court of Iowa · 1938