Andrews v. Boyd
Supreme Judicial Court of Maine
The question in this case, which was a writ of entry, was whether the provision made by James Boyce for his widow, in his last will, was a devise of a portion of the land for her life, or a bequest of a yearly portion of the issues and income, to he paid by the executor.
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The question in this case, which was a writ of entry, was whether the provision made by James Boyce for his widow, in his last will, was a devise of a portion of the land for her life, or a bequest of a yearly portion of the issues and income, to he paid by the executor. He devised to his wife for her life, “ the net income of one third part of my homestead farm, together with my household furniture; also two cows and six sheep, with a privilege in my bam convenient for every necessary appertaining thereto; and if the abovementioned income shall not be sufficient to keep my said cows and…
1Opinion of the Court
This argument having been had at the last April term in this comity, the opinion of the Court was now delivered by
Weston J.
The only title stated in the case, in behalf of the tenant in his own right, having emanated from James Boyd, the son of the testator, must yield to that of the demandant, in virtue of his prior attachment of the same land, as his creditor. In this view of the case, the demandant would be clearly entitled to judgment; as his title is unquestionably good against his debtor, and all claiming under him, subsequent to the attachment. But if the widow of the testator, or his…
2Cited by9 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- People ex rel. Farnum v. San Francisco Savings UnionCalifornia Supreme Court · 1887
- Goodwin v. McGaugheySupreme Court of Minnesota · 1909
- Bryan v. HowlandIllinois Supreme Court · 1881
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