Legal Opinion

Chase v. Davis

Supreme Judicial Court of Maine

Decided March 15, 1876PublishedCited by 3 opinions

Bill in equity. Samuel Chase, late of Portland, died August 9, 1867, leaving a will which was afterwards allowed by the probate court, providing for the disposition of his estate, as follows : I. To Stephen B. Chase, (his son-in-iaw,) $1000. II. To John D. Chase, (his son,) forgiveness of the full amount of his promissory note, for $4706.87, also a gift of $800, to be paid by the executors, as they may find convenient. III.

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Bill in equity. Samuel Chase, late of Portland, died August 9, 1867, leaving a will which was afterwards allowed by the probate court, providing for the disposition of his estate, as follows : I. To Stephen B. Chase, (his son-in-iaw,) $1000. II. To John D. Chase, (his son,) forgiveness of the full amount of his promissory note, for $4706.87, also a gift of $800, to be paid by the executors, as they may find convenient. III. To Samuel Chase, jr., (his son,)forgiveness of $4000, in part of a promissory note of $8378, in addition to $1500, indorsed thereon as a gift. IV. Three brick stores, and…

1Opinion of the CourtDanforth, J.

This is a bill in equity to determine the construction of the will of Samuel Chase.

It appears by the will that certain property was given to John D. Chase, and Stephen B. Chase, to hold in trust for Samuel Chase, jr., and Sophia C. Davis, which trust in certain contingencies, requires the exercise of personal discretion. Said trustees were also appointed executors of the will, and were duly qualified to act in each capacity. Subsequently the said Stephen died, and Howard B. Chase, one of the plaintiffs, was appointed and qualified as trustee and executor, in his place.

Upon these facts the…

2Cited by3 opinions

  1. Kelley v. CookSupreme Court of Rhode Island · 1898
  2. Osborne v. GordonWisconsin Supreme Court · 1893
  3. Weiland v. TownsendNew Jersey Court of Chancery · 1881

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