Cousens v. Advent Church
Supreme Judicial Court of Maine
In Equity. On Exceptions by Plaintiee. Bill in equity praying that the defendant corporation be required to pay to the plaintiff a legacy of three thousand dollars, and other sums and bequests, which he claimed were due him under the will of Charles E. Rumery, deceased, made in 1884 and alleged to have been fraudulently suppressed or destroyed by Eliza A. Rumery, his wife, and never probated.
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In Equity. On Exceptions by Plaintiee. Bill in equity praying that the defendant corporation be required to pay to the plaintiff a legacy of three thousand dollars, and other sums and bequests, which he claimed were due him under the will of Charles E. Rumery, deceased, made in 1884 and alleged to have been fraudulently suppressed or destroyed by Eliza A. Rumery, his wife, and never probated. The defendant answered and demurred to the bill, and the presiding justice having sustained the demurrer, the plaintiff took exceptions to this ruling and order of the court. The case is stated in the…
1Opinion of the CourtStrout, J.
Demurrer to the bill was sustained by the justice hearing the case, and exception taken. The only question is, whether the ease made by the bill, if proved, affords ground for the equitable relief sought.
The bill alleges that Charles E. Rumery made his will on the sixteenth day of January, 1870, and died on May fourteenth, 1885. This will was admitted to probate, by decree of the probate court, and on appeal by complainant, by the supreme court of probate; that under this will Eliza A. Rumery, his wife, took all of the estate of Charles — and that by her will she gave it to defendant, who…
2Cases cited4 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Howard v. CarpenterCourt of Appeals of Maryland · 1857
- Muir v. Trustees of the Leake & Watts Orphan HouseNew York Court of Chancery · 1848
- Wolcott v. WolcottMassachusetts Supreme Judicial Court · 1885
3Cited by17 opinions
- Moore v. McKevittCalifornia Supreme Court · 1919
- State Ex Rel. Booth v. ByingtonDistrict Court of Appeal of Florida · 1964
- MartinSupreme Judicial Court of Maine · 1935
- Conzet v. HibbenIllinois Supreme Court · 1916
- In re Will of BentleySupreme Court of Virginia · 1940
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