Easton v. Fessenden

This case is before us on the appellant’s single exception to the decision of a justice of the superior court, sitting without a jury, denying appellant’s petition, as executor of the will of Agnes A. Fessenden, for an allowance and set-off to him, as such executor, of the household furniture and effects of the late Russell F. Fessenden, husband of the said Agnes A. Fessenden.

The facts are undisputed. Russell F. Fessenden, of the town of Cumberland, died intestate in 1907, leaving a widow, Agnes A. Fessenden, and an adult son, Benjamin F. .Fessenden, husband of Mary L. Fessenden. No…