Atkinson v. Staigg
Supreme Court of Rhode Island
Bill in Equity to construe a will. This bill in equity was brought by the executor of Richard M. Staigg against his widow and heirs at law, to obtain a judicial construction of his will, which is as follows: “ I, Richard M. Staigg, of Newport, in the State of Rhode Isl- and, do make, publish, and declare my last will and testament in manner and form following, to wit : “ I give, devise, and bequeath unto my executors hereinafter. mentioned, the survivors and survivor of…
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Bill in Equity to construe a will. This bill in equity was brought by the executor of Richard M. Staigg against his widow and heirs at law, to obtain a judicial construction of his will, which is as follows: “ I, Richard M. Staigg, of Newport, in the State of Rhode Isl- and, do make, publish, and declare my last will and testament in manner and form following, to wit : “ I give, devise, and bequeath unto my executors hereinafter. mentioned, the survivors and survivor of them, all my estate both real and personal, and all the rents, issues, and profits thereof, to have and to hold the same…
1Opinion of the CourtCarpenter, J.
The first question in this case is whether the widow takes in fee simple or for her life the estate in Pelham Street. The clause of the will under which the question arises is as follows: “ To pay to my wife, Annie Staigg, the sum of ten thousand dollars for and during her natural life, and the house at Newport in Pelham Street.” Undoubtedly an argument might be made to the effect that the two devises being contained in the same sentence are both affected by the limitation, although it is placed betwéen the descriptions of the two pieces of property and not before or after both. We are,…
2Cases cited1 opinion
- Harrison v. NixonSupreme Court of the United States · 1835
3Cited by1 opinion
- Ryan v. MonastSupreme Court of Rhode Island · 1942