Merrill v. Winchester
Supreme Judicial Court of Maine
On report. This is a bill in equity seeking and praying» for the construction and interpretation of certain paragraphs in the will of David D. Stewart, late of St. Albans, deceased. After a hearing upon • the bill, answers, and proof, questions of law of sufficient importance having arisen, the case was reported to the Law Court for its determination upon so much of the evidence as was legally admissible. Case is fully stated in the opinion.
1Opinion of the CourtCornisi-i, C. J.
Bill in equity brought to obtain the legal construction of the will of David D. Stewart, late of St. Albans, Maine. Mr. Stewart died December 31, 1917, the will was duly probated on February 19, 1918, and Edward N. Merrill was duly appointed executor. On May 18, 1918, the will was probated in Minnesota and letters testamentary were issued to Mr. Merrill in that State. He died on May 9, 1919, and John W. Manson was duly appointed as his successor, as nominated in the will.
The will is a lengthy document, containing twenty-six items, and of these eight are before the court for interpretation.…
2Cases cited4 opinions
- Lamden v. SharpTennessee Supreme Court · 1847
- Summers v. HigleyIllinois Supreme Court · 1901
- Gilbert v. Heirs of RichardsSupreme Court of Vermont · 1835
- Blackmer's Exr. v. BlackmerSupreme Court of Vermont · 1891
3Cited by10 opinions
- Trautz v. LempSupreme Court of Missouri · 1934
- In Re Will of EdwardsSupreme Judicial Court of Maine · 1965
- Beckwith v. McAlisterSupreme Court of South Carolina · 1932
- In re Peck's EstateSupreme Court of Vermont · 1922
- St. Clair v. Estate of EdwardsSupreme Judicial Court of Maine · 1965
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