Emery v. Batchelder
Supreme Judicial Court of Maine
ON report of facts agreed. The case and material facts are stated in the opinion. This action is not only authorized by the statute (B. S., c. 65, § 31,) but is in accordance with the decisions in Massachusetts and in our own state. Farwell v. Jacobs, 4 Mass. 635. If the will shows an intention on the part of the testator to give a legatee a preference, that legacy is exempt from abatement in case of deficiency.
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ON report of facts agreed. The case and material facts are stated in the opinion. This action is not only authorized by the statute (B. S., c. 65, § 31,) but is in accordance with the decisions in Massachusetts and in our own state. Farwell v. Jacobs, 4 Mass. 635. If the will shows an intention on the part of the testator to give a legatee a preference, that legacy is exempt from abatement in case of deficiency. Boper, Legacies, 115. In the construction of wills the intention of the testator governs. Sawyer v. Baldwin, 20 Pick. 384; Treadwell v. Cordis, 5 Gray, 355 ; Hall v. Cushing, 9 Pick.…
1Opinion of the CourtPoster, J.
Although the present action is for the recovery of a legacy given in the form of an annuity, the questions arising in the case depend upon the construction of the twenty-second clause in the will of Daniel Austin, late of Kittery, deceased. By that clause he provides as follows : " I direct my executors hereinafter named, to reserve from my estate, and to keep securely invested, such a sum of money as will be sufficient to produce a net annual income of four hundred dollars, and to pay the said income in equal quarterly payments of one hundred dollars each, to Mrs. Mary Emery, wife of F. C.…
2Cases cited1 opinion
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Buck v. PetersonCalifornia Supreme Court · 1948
- Drake v. CraneSupreme Court of Missouri · 1895
- Porter v. PorterSupreme Judicial Court of Maine · 1941
- Hines v. AyotteSupreme Judicial Court of Maine · 1937
- In Re Van Wechel's EstateSupreme Court of Iowa · 1950
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