The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-06-09
THE WILL OF J. B. BROWN.
A Construction of An Important Clause
BY the Supreme Court.


The Share of Income Which Went to
Philip Henry Brown and a Grandchild
is held to go to the Surviving Children
and to Be Distributed Equally to the
Three Children and Their Families I'M
der a Subsequent Decd of Trust
Severa weeks ago cause in equity
asking for the construction of a certain
clause in the will of the late John B.
Brown of Portland was heard in the Su-
preme Court sitting in equity, before
Judge Haskell. Judge Haskell has
held the matter for advisement, and yes
terday announced his decision.
AT the hearing Messrs. Symon1s, Snow
& Cook appeared for the trustees, who
brought the bill for construction of the
will, and to define the duties of the trus-
tees Hereunder, and under certain deeds
Of trust executed by the heirs, and con-
tended that the shares of income be-
queathed to grandchild and to Philip
Henry Brown during life should be dis
posed of as interstate property and be dis
tributed among the heirs at law.
Mr.. William Henry Clifford appeared
for the surviving son and daughter and
contended that such shares went to them
during life as surviving children.
Mr.. Edward Woodman appeared as
guardian for the minor grandchildren
and commended that the shares became
part of the trust fund and should &C
cumulate and be distributed among the
grandchildren at the termination Of the
trust.
The opinion in full follows
Haskell, J. This is cause in equity
brought by the Trustees under the will
OF John B. Brown against all of his heirs
asking for construction of certain por-
tions of the will. The defendants, who
have attained their majority, and the
minors, by their guardian at litem, he
ing all the parties interested in this
cause, appear and answer and join in
the prayer of the plaintiffs for the con-
struction sought. The cause is heard
upon. bill and the answers of the several
defendants. The following material
facts appear.
John B. Brown executed his will on
the 18th of March, 1877, and codicil
thereto on the 18th of February, 1879.
" i. n
the time Of executing the will and
codicil he had three children living,
two soIs and daughter, all married and
having children, and one grandchild,
the daughter of deceased son, and her
mother, the deceased sons widow, who
had then remarked. The granddaughter
died before the testator, but after he
had made the codicil. The eldest child,
a son, has died since the death of the
testator. The other two children sur
vive.
The will disposed of the testator's en-
tire estate. For his wife he made ample
provision in lieu of dover and of her
distributive share. Numerous legacies
and annuities were given to charita BILE
institutions, collateral kindred and
others not mis- heirs. He devised in fee
the Falmouth Hotel, an unproductive
piece of property, to his two sons, and
conveyed, at his death, a parcel of real
estate to his daughter.
He devised to the sons block of stores
and 500. 900 each, less what they frespec-
lively might be owing him, and also
500, 900 each upon the death of his wife,
in all 5000, 900 each and block Of stores
He devised to his daughter $50, 900 also
$50, 900 and a block of stores and land in
trust. Also 100000 upon the decease of
his wife, in trust, to be paid to her at
the discretion OF his trustees, in all 5000. :
600 and block of stores and land.
He devised to the widow of his de-
ceased son the income of $4,000 during
life, and the principal to her daughter,
his grandchild. He also devised to the
grandchild block of stores and a wooden
house and land, and upon the decease of
his wife 5000 more, in all $1,000 and
block of stores and land. Showing
an intent to give equal shares to his iv-
ing children and one third of share to
the grandchild.
He devised to each of his grandchild-
rem living at the time of his decease
SIS, 0OO
Item twenty-sixth. 81 give, devise
and bequeath all the residue of nv es-
tate of every kind and description to
-. my trustees, in trust, to be by
them held, invested, preserved and dis
posed of as follows:
The personal estate is to be safely in
vested in bank stocks or such other
securities as will produce the best law
full income. The net dividends, income,
rents and interest accruing aud received
from all this residuary estate, property
and fund, is TO be by said trustees ap-
piled, so much thereof as may be re-
CURED for that purpose, to the payment
OF the annuities herein before directed
to be paid by said trustees and the