Pell v. Mercer
Supreme Court of Rhode Island
Bill in Equity to obtain a judicial construction of tbe following will, wbicb was proven before the Probate Court in Newport, December 4, 1882. “ I, Alexander G. Mercer, of Newport, Rhode Island, do make, ordain, and declare this instrument, which is written with my own band and every page of it subscribed with my name, to be my last will and testament. 1st. I appoint my friends, Mrs. Duncan C. Pell, of Newport, Edward King, of Newport, and Frederick W. Rhinelander, of New…
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Bill in Equity to obtain a judicial construction of tbe following will, wbicb was proven before the Probate Court in Newport, December 4, 1882. “ I, Alexander G. Mercer, of Newport, Rhode Island, do make, ordain, and declare this instrument, which is written with my own band and every page of it subscribed with my name, to be my last will and testament. 1st. I appoint my friends, Mrs. Duncan C. Pell, of Newport, Edward King, of Newport, and Frederick W. Rhinelander, of New York, executrix and executors of this my will; and in case of the failure of any one of them I appoint my friend, John J.…
1Opinion of the CourtDtjrfee, C. J.
This is a bill for instruction in regard to the execution of the will of Alexander G. Mercer, late of Newport, deceased. By the first clause of the will the complainant and Edward King of Newport, and Frederick W. Rhinelander of New York, are appointed executrix and executors, and, in case of the failure of either of them, John J. Townsend of New York as substitute. Edward King died before the testator, and, the other executors named having failed to qualify, the complainant has instituted the suit alone.
The property of the testator amounted, at bis decease, to nearly a million of dollars. It…
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