Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-03-28
WAIVER DISALLOWED.
Will of Mrs, Harriet G, Peck
Should Stand.
Judge bingham Finds In Eject That
the Late Il. w, Peck Made Use of
the Property and Thereby Null
liHed His waiver.

the provisions of his wife's will, filed in
tho probate court. has been decided by
the court, and tho waiver disallowed.
Harriet c. Peck died December %, 1908
leaving n will. and by its provisions leav-
ing to her husband Edward w. Peck.
'thc possession. management, use and
control and income of all my estate, real
and personal during his natural life sub
ject to the payment OF the annuities here
matter provided"
Edward w. Peck occupied the premises
owned by his wife receiving the income
of her estate, until his decease, June Is,
1906
on the 18th day of December, 1904, he
filed In the probate court n waiver OF
that portion of his wife's will giving &c
him the use and income of her estate.
and his life interest In the same. and
asked for that portion OF the estate Of his
wife which he claimed he was entitled tc
under the law and by virtue of his waiver
being two thousand dollars and one-half
10 the remainder of her estate--claim-
ing right to the same by virtue OF his
waiver of the provisions made for hin
in her will. About that time an action In
chanccry was instituted by William Odlin,
/ guardian OF jed p. Clark, asking the
court OF chancery to construe the Will,
and seeking other relief The supreme
court decided that the matters specified in
the bill in chancerY belonged TO and must
be passed upon by the probate court
Not long after the opinion was handed
down. Mr.. Peck deceased. No action was
taken by the probate court in the matter
of Mr.. Peck's waiver after the chancery
case was decided. before Mr.. Pecks death.
| IL, -.
! William H. Clark. asking the probate
court to disallow the waiver OF Mr.. Peck.
for tho reason that he had accepted the
terms and provisions Of his wife's will
bequeathing unto him a life interest in
the properrty--it being the contention OF
Mr.. Clark that by accepting the terms
and provisions Of the Will Mr. Peck mad
elected to take under the will. and for
this reason could not be heard 70 say
that he waived the provisions Of the will.
Several hearings upon the motion of Mr..
Clark have been had In the probate court.
and the opinion OF that court has Just
been filed therein.
An important feature was developed in
the hearing when 1t was claimed by the
waiver was allowed to stand, under tho
tire will must fall. Section ?. act No. 81
Of the laws of 1890 was in 1892 amended to
read as follows
| I'm all cases where q married person
dies and leaves no issue but leaves a will
and the surviving husband or wife. as the
case may be. valves the provisions of the
will. the deceased PERSONS estate, both
real and personal, shall as to such sur
VIKING husband IA Ia,
distributed according to second sub-divis.
ion of section 2234 OF revised laws"
Counsel's contention was that II the
waiver was allowed. all the specific lega-
cies provided for In the will OF Harriet C.
Peck would be defeated and that the
sums provided for them would descend
to the heirs of Harriet G. Peck,
If this contention should prevail the
following specific legacies made in the
will of Harriet c. Peck would all he
come imperative.
Home for Aged Women. $1,000 Edward
s Peck $1,000; John II. F Peck, 5000;
daughters of Mrs. Harriet Clark Wood
ward s., CO..; Mrs. William Ware Peck ST.
0N each, benjamin NJ Peck and Joseph
F.. Peck. $500 each, Nora Austin, $1,000
Charlotte p. Woodward. 81, 600: Helen and
William ]. Woodward, each 500: Carrie
Mears,. s1.noH; Mary Ryder Richie, 500
three daughters Of Peter Ryder. each
500: Elizabeth r. Madden, 800 Bridget
Burke. $500: Julia Conlon. $500; Sayles
Nichols, $1,000 and the city of Burlington
900
If the decision Of the probate court Is
sustained by tho higher court. all the be
quests above enumerated will he payable
according TO the terms of the will OF
Mrs. Harriet G. Peck.
The order and Judgment of tho probat,
court In the matter Is as follows
In re estate of Harriet c. Peck In til,
matter of the application of William II
Clark to disallow and dismiss the motion
OF waiver of Edward W. Peck. filed II
this court on the 18th day of December
1904
No action having been taken by tn,
court upon the application and notice o.
waiver of Edward w. Peck herein sine,
the same was filed in this court on tn,
18th day of December. 1907 by reason o
the deccase of the said Edward w Peel
and the pendency in the Chittendei
county court of chancery Of the suit q
: William Odlin, ct ais, VS. Edward w
l Peck, ct ais involving the settlement o
> the estate Of tho said Harriet c. Peck
ana tho SAID matter or the waiver dloTo
said having been brought on by the mo
, ton of William H. Clark one of tn
bencnciaries named in the said decedent
will, and notice having been given to al
parties In interest according to law, G.
Palmer, attorney, appeared In support o
said motion. and w. II. G. Stckney am
Powell & Powell. attorneys, appeared 70
Sayles Nichols and Gardner S. Vain
wright, executors of the last will and test
lament of Harriet c, Peck, in opposition
= thereto:
:. After listening to the evidence offered II
>. the case find;
:, That the said Edward w. Peck fror
:, the time of the probate and establishment
=. of the will OF his said wife, Harriet c
J. entered into and continued in the enjoy
a ment of the property, rights, emolument'
J. and estate given him In and by the pro
a visions OF the last will and testament q
his said wife, and that he so continue
In the possession, use and occupanc
thereof during the remainder Of his nt'
l. as we'll after the date of the filing c
l. his said notice Of waiver Of the provision
:, made in his behalf in said WILL as befor
X that time
4. And | find that the said Edward W
= Peck In so doing did exercise his electio
e, to take and did so take and retain sue
], estate and benefits under and by virtue
,I.. .rigts Of ha