White v. White
Supreme Court of Vermont
Appeal by the defendant from a decree of the probate court, charging him, as executor of Coolidge White, deceased, with ten sheep and with one third of the personal estate of the testator, devised by him to his wife.
Read the full summary
Appeal by the defendant from a decree of the probate court, charging him, as executor of Coolidge White, deceased, with ten sheep and with one third of the personal estate of the testator, devised by him to his wife. The devise was in these words, — “J give to my beloved wife one third part of all my real and personal estate, and in addition to that I give her one cow, ten sheep and one hundred dollars in money, to have at her disposal during her natural life, or as long as she remains my widow.” The widow of the testator had deceased, subsequent to his death, but, previous to her decease,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The questions presented in this case are not free from difficulty. In regard to the true construction of this will no member of this court feels any certain confidence in his opinion; and in pqr inclinations we are equally divided in regard to the real intention of the testator, — which must of course govern, if it can be ascertained.
For myself, I think there is strong ground to believe, that the referee has put the true construction upon the will, so far as the personal estate is concerned; but I see very clearly, that it might be decided…
2Cases cited3 opinions
- Johns v. StevensSupreme Court of Vermont · 1830
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Learned v. BellowsSupreme Court of Vermont · 1836
3Cited by11 opinions
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Parks v. Robinson.Supreme Court of North Carolina · 1905
- Tillett v. . NixonSupreme Court of North Carolina · 1920
- Burleigh v. CloughSupreme Court of New Hampshire · 1872
- Willey v. LarawaySupreme Court of Vermont · 1892
6 more not listed; retrieve them via the Exa API.