77 Me. 386 | Me. | 1885
This cause is reported to the law court to be heard on bill, answer and proofs, wherein the true construction of the will of Timothy W. Gorham is sought.
The will provides, " It is my will that my debts and funeral charges be paid out of my estate.”
"I give, bequeath and devise to my beloved wife Emily C. Gorham, the rest and residue of my estate, real, personal and ■mixed; to have and to hold for and during her natural life, and ■to use and consume so much of the same as may be requisite for her comfort and convenience, giving her hereby full power ¡and authority to sell, dispose of and convey any, or all of my ¡said estate, as may be most for her comfort and convenience.”
"I give and bequeath out of my estate which may remain at ‘the decease of my said wife to each of her brothers J. D. and ■Simon S. Billings, the sum of two hundred dollars.” " The residue and remainder of my estate ... at the decease of my said wife, I give, bequeath and devise, after the above bequests shall be paid, to my brothers David A. and Benjamin F. and to my sisters Lois A. and Julia A. to be divided among them equally share and share alike. To my other sisters I give nothing.”
The testator and his wife at the time of his decease lived upon a small farm, furnished, stocked and equipped as farms of its quality usually are. The farm and its equipments and a small ■sum of money constituted his entire estate. At his decease the widow received and entered into the possession and enjoyment of the same and held it for about five years until her death, when his executors entered and took possession of the farm and certain of the chattels thereon, including the harvested crops as a part of the testator’s estate, and with others of like interest with themselves bring this bill against the administrator of the widow’s estate and her heirs, asking a construction of the will and that they be enjoined from disturbing the orators’ possession pending this suit.
Decree accordingly to be entered at nisi prius. Defendants to recover costs to begpaidfrom testator's estate.