Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-12-13
REscRIPr
OF the Case Henry W. Colder 81. al. Executors
vs.. Rosie E. Chandler ct ais.

The following rescript has been received
by Clerk of Courts. Choate, in the case Of
Henry W. Colder ct al, executors, VS..
Rosie f. Chandler ct ais.
Strout J. Bill in equity for construc-
ton of will of Joseph H. Chandler. The
testator, by his will, gave various pecuni-
airy legacies "to be paid out of my (his)
| personal estate. His personal estate proved
insufficient to pay the legacies He had
two policies of insurance upon his life
one payable to his legal representatives
for his heirs and assigns" the other pay
able to his executors, administrators and
assigns" No reference to these policies is
contained in the will Testator, at his
death, left daughter, Rosie E. Chandler,
but no wife, There has been no assign
ment of either policy, and both have been
paid to the executors.
1t is the opinion of the court that the
phrase in the will "to be paid out of my
personal estate cannot be construed to
include the proceeds of any of the insur-
ance money; and that there is no latent
ambiguity in the term "my personal es-
tate which requires or permits parole evil
dence to vary enlarge or explain it's
meaning.
The policy for $780, payable to tesla
tors illegal representatives for his heirs
and assigns" does not fall within the
provisions of r. S., c. IS, S. 10, which
authorizes disposition by will, under
certain limitations, of money received
from insurance on life. The rights of
these parties are the same as if the policy
was in terms payable to Rosie K. Chand-
Ter, the heir. The proceeds of this policy
are held by the executors in trust for her.
and must by them be paid to her in FULL
with all interest received thereon by the
executors, and without any deduction, ex-
cept such amount, if any, as the estate of
testator may have necessarily expended in
collecting the insurance.
The other policy, payable to testator' S
executors, administrators or assigns" is
within the provisions, of the statute. 1t
is not disposed of by testatOr's will. An
amount equal to the premiums paid there
on within three years prior to the death
of the testatOr, with interest thereon, and
expense of collection, is to be retained by
the executors and be treated as part of
testator's personal estate, to meet the calls
in his will. The balance with interest
received by the executors must be paid to
the heir, Rosie X. Chandler.
The devise to Elvira +. Colder was a
specific devise in fee, and the devise takes
the absolute title, subject to be devested
only if the other estate of the testator,
real and personal, prove insufficient to
pay debts, funeral charges and expenses
of administration. If such deficiency shall
arise, that deficiency must be supplied
from the devised land unless otherwise
obtained. If it becomes necessary to sell
the whole lot, and the proceeds of the sale
are not wholly exhausted in payment of
the debts and expenses, the surplus, being
the proceeds of devisees land, belongs TO
her, and cannot be used to fulfill the be-
quests in the will, but must be paid to
her Decree according to opinion.
E. S. Fogg, attorney for plaintiff M. 5.
Holway and Thos. J. Lynch for defend
ants Reed Dec. 12, 1894.