McLellan v. Turner
Supreme Judicial Court of Maine
Wkit of entry. The case was submitted on a statement of facts agreed by the parties. Simeon Turner, being seized of tbe demanded premises, made bis last will and testament in these words, the formal parts only being omitted. fi After my just debts and funeral charges are paid, I give and bequeath unto my beloved wife Sarah Turner all my real and personal estate, so long as she remains my widow.
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Wkit of entry. The case was submitted on a statement of facts agreed by the parties. Simeon Turner, being seized of tbe demanded premises, made bis last will and testament in these words, the formal parts only being omitted. fi After my just debts and funeral charges are paid, I give and bequeath unto my beloved wife Sarah Turner all my real and personal estate, so long as she remains my widow. And in case she should marry again, then in that case two thirds of my estate remaining in her hands at that time is to be divided among my children and their heirs. And if she should not marry again,…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court, subsequently drawn up by
Shepley J.
By the language of the will, “I give and bequeath unto my beloved wife all my real and personal estate so long as she remains my widow,” the devisee took an estate for life subject to be defeated by her marriage, unless an intention to give a different estate can be inferred from the use of other language.
The argument is, that an intention not to use the words, so long as she remains my widow, as giving an estate durante viduitate, or for life, may be inferred from the clause of disposition…
2Cases cited1 opinion
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
3Cited by2 opinions
- McFarland v. McFarlandIllinois Supreme Court · 1898
- Lummus v. MitchellSupreme Court of New Hampshire · 1856