Knight v. Loomis
Supreme Judicial Court of Maine
Assumpsit. Benoice Johnson, formerly the husband of the female plaintiff, by his last will, among other things, bequeathed to her the interest of seventeen hundred dollars during life; one hundred and two dollars to be paid on the 26th of August of each year, during her life. Samuel Weston, now deceased, was the executor. No other trustee was appointed.
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Assumpsit. Benoice Johnson, formerly the husband of the female plaintiff, by his last will, among other things, bequeathed to her the interest of seventeen hundred dollars during life; one hundred and two dollars to be paid on the 26th of August of each year, during her life. Samuel Weston, now deceased, was the executor. No other trustee was appointed. After said Weston’s decease the defendant was appointed administrator de bonis non, with the will annexed, and accepted the trust and gave bond accordingly. The other facts necessary for an understanding of the case, are stated in the opinion…
1Opinion of the CourtTenney, J.
— In the year 1831, Benoice Johnson made his last will and testament, and therein appointed Samuel Weston, Esq. his executor, “ with the power to do and perform all the acts and duties, and be subject to all the liabilities, which the law imposes upon executors.” By the second item, the testator was to have a decent Christian burial, at the expense of his estate; and by the third item, the debts which might exist against the estate, at the time of his death, were to be paid by the executor as soon as practicable after his decease. The fourth item is in the following words, — “I give and…
2Cases cited3 opinions
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
- Wyman v. HubbardMassachusetts Supreme Judicial Court · 1816
- Prescott v. PittsMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- In re Estate of DelaneyCalifornia Supreme Court · 1874
- Compton v. McMahanMissouri Court of Appeals · 1885
- Jasper v. JasperOregon Supreme Court · 1889
- Riley v. Estate of McInlearSupreme Court of Vermont · 1888