Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-11-29
LAW COURT DECISIONS.
The following decisions have been
handed down by the supreme court:
SOMERSET COUNTY.

handed down by the supreme court:
SOMERSET COUNTY.
Annie A. Brooks VS.. Llewellyn Morrill,
Rescript by Whtehouse j.
In an action to recover damages for an
injury received by the falling of a limb
from "a tree overhanging the sidewalk. ii
appeared that the defendants land, oppo-
site the tree, was bounded ION the west
line of highway which was built near
~ four rods outside of the recorded Local
ton.
Held, that the true boundary line of the
defendants line was the exterior limit of
the road that was wrought and in actual
use for travel, and not the west line %
an invisible and unwrought location As
the contrary rule was given to the jury
and the defendants evidence tended
clearly to show that the tree in question
was within the limits of the travelled road
and not on the defendants land. the en-
Try must be. exceptions sustained.
KENNEBEC COUNTY.
Nellie NJ. Lawton, appit. vs. Lewis c.
Luce, admr. Rescript. Emery, j.
Under the statute of 1881, chap II Al
1864, though never legitimized can in
herit from his maternal grandfather de-
ceased since the enactment of the statute
The decree of the probate court is re-
versed. The cause is remanded to the
probate court to make a new decree that
the appellant Nellie NJ. Lawton is ell
titled to one-haf of the estate of Harvey
! i1tutl, siS iteI- IASCttNSti- ANof- 80, 1919.
SAGADAHOC COUNTY.
Inhabitants of Phippsburg, applts from
laying out a way by county commits
sioners. Rescript, Strout, j.
This cause comes up ON exceptions 10
| the acceptance of the report of the COM
mittee Sustaining the location by the
caunty commissioners. The argument of
counsel is directed to the power to locate
4 way across naVigable TIDE waters With
/ out express legislative authority. There
! is nothing in the case to show that the
way is located over such waters The
| way runs westerly from point on the
Popham road in Campbell's Island marsh,
| so called, to a point on tf>. Small Point
road near the southwest of the James
! Sprague Eastern neld." We have no
other description Of the way. Whether It
crosses navigable tide waters or not, does
not appear, True, IT Is statea IN the ex-
| mittee the question OF naylgable tide
| waters was raised, but no evidence offered
thereon.
OYe objection to acceptance of commit
tees report is that the way is over naVl-
gable tide waters, but this is not shown
| by evidence and does not appear IN the
| location by the county commissioners. OF
the report of the committee as reported
10 us We must take the exceptions as
we find them: nothing therein raises the
question as to navigabie tide waters. IIle
ruling as to costs was that the clerk
should tax them according to the statute,
and was correct Exceptions overruled.
Received, Nov. Is, 1895.
KNOX COUNTY.
John W. Green ct ais. vs.. WIN. IL Al
den. Rescript by Whitehouse, j.
The testatcrs VIII was eXecut,eu am
allowed in conformity with the laws ol
New York, but having only two attestihS
witnesses, it is not in accofdahce Will
the laws of Maine. 1t was duly allowed
and recorded, however, i'll the state oi
Maine, in the county where the demanded
premises are situated, and under the pro
visions of our statutes as construct ~
Lyon VS.. Ogden, So Me-, 3l4 the devise IN
question was effectuai and operative III
giving to the trustees named vahd tue
to the demanded premises for the puI-
noses Of the trust described. They were
not required to have letters testamentary
issued to them. or to qualify as executors
bv giving bond, in this State, IN order 20
make valid transfer OF their titre ,,nr
in fact acting as executors, but as donee5
of a trust power in whom the legal lltie
had been vested by act q Yoak Wbere their
account was to be settied. ah.t,
The COPY of the will and of the propate
in New York was not recorueu No si, If
the demanded premises by the trustees.
but il is settled law in this state that II.
such a case the estate OF tne De deNl fr'5f.
would yestsby relation back TO the tune
of tha death of the testator ana not u
the time of fling the VIII. s.ea,J,, i,
The tax title set up by the deiehu an ~ ~
,,anifaetIv defective for reasons stated III
the opinion. ,,:.4;ee
Vim. H. Fogler, admir-. vs. Benjamin Til
" ~. Of sIs and Silas w. McI.oon &C
a aHnio R Is by Whitehouse. j.. 49,
It is not difficult TO discover err, that s xr me
dominant idea pervading me s WI, - ha We
r. h. T l,ae nG Control Z. during her life time
Of Of all the testators property not sspecinr
cdiiH pequ ~ The residue by will as freely
~ ~ = Mere a part of her own estate, u
She failed to exercise the priv,iess thus
given her sen residue nd We descend e d' 70 his
haiys as intestate properly
rle' personal property now IN the haa a..
of the alntiT as adn,,ish1fa nave neee 'sq IL.
ha'sr's 4, CURED by him IN the prosecution