The Portland daily press., 1866-05-09
DECISION IN WILL oAsE.-The late Ira crocl

DECISION IN WILL CAsE.-The late Ira Crock
er Esq, Of this city left quite large property at his
death. By his last will and testament he disposed of
it and in that instrument made provision for the ac-
cunulaton OF the interest on $40 900, which be-
queathed to his grandchildren, said interest and
principal not to be touched for twenty-five years.
In order to obtain construction of this instrument
bill in equity fled at the April term of the Su-
preme Judicial Court in 1884 by Ira c. Kimball Ex-
ecutor. Ruth p Crocker and all the heirs under
the lastwi and testament of the deceased for the
purpose Of obtaining the opinion of the full Court as
to the true construction of the instrument. The re-
spondents to the bill were all deauted and the case
went up for the opinion of the full bench.
Chief justice Appleton drew up the opinion, which
was conourred in by the Associate Judges in which
those provisions of the will directing an accumula-
tion of interest for twenty-five years are set aside
Other points of the will are also decided as will be
seen by the decree which rendered en- Monday by
Judge Danforth, vz
SUPREME JUDICIAL coURr.
CUMBERLAND, IS.
In Equity, Ira C. KimbalL Ex'r etTr.,
vs..
Ruth P. Crocker ct ais.
In the above entitled cause it having been hereto
fore ordered and decreed by this Court that the bill in
said cause should stand confessed by all of said defen-
dants, notice OF the tendency of the same according
to thu order of the Court having been proved to have
been made upon all of said deendants and they ali
having made default, and that tine bill should stand
upon such confession and default for airing befole
the Law Court and said cause having been snce sub
mitted to said Court tor ITS decision in the premises
Is now in accordance with the opinion of said court
finally ordered and decreed:
First, that said Ira Crocker and said Frank Calvin
Crocker, grandchildren OF said testatOr by the will
said Ira Crocker do take and hold vested interests in
the trust fund of forty Thousand dollars named in the
third clause of the will of the said Ira Crocker de-
ceased and given IN trust to Samuel Small Jr. aaG
Ira G. Kmball.
Second, that said grandchildren above named by
the provisions Of said will take vested interests in ths
residue Of the estate OF said Ira Crocker subject t
the charges upon the same.
Third, That all of the provisions of the will of sait
Ira Crocker directing accumulation of interest f
twenty tyfve years invalid and cannot be sustain
| ed.
Fourth, That the interest on said forty thousand
dollars mentioned in the third item of said will fall
into the residue and belongs the trustee of said
iduc to be held for the purposes of the trust creae
| in and by the fourth item OF said will.
Fifth. That the interest and income from the resi-
due OF said estate, after dscharging all trusts de
cared in and by the will, is to be paid over annual
to the dian of the testator gra abov
named, during their minority, as heirs of undevise
estate.
And is further ordered and decreei that the cost
OF these proceedings, including fees OF counsel
| charge upon the estate of said ira Crccker.
And it being suggest ID to the said Court this
the said Ira G. Kmban has died since the last teri
of said Court it is ordered that this decree be mad
and entered of record Of and the first day of IL
| L. q f. Fox.