Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-28
The REED Will.
Chief Justice WhitehOuse
Hands Down Decision
As to Construction, Deciding
That the Real Estate
Cannot Be Sold Sold But Passes to
Sons as Vested Remainder.

by Chief Justice Whitehouse, was
handed down, Wednesday, by Chief
Justice Whitehouse, giving a judicial
construction of the will of Robinson
Reed, late Of Gardiner, as prayed for
in the bill in equity brought by Fred
erick Danforth. executor. The rescript
decided that the real estate passed to
the sons as a vested remainder.
The case went to the law court and
the agreed statement of facts upon
which it went up are rs follows:
Statement of Facts.
1t is agreed that Robinson Reed, died
May "a 1888; that his will was duly
probated and Frederick Danforth duly
qualified as executor. The testator left
Il widow, Sabrina Maria Reed. one son.
Frank 4. Reed, and Two stepsons,
George E. and Charles f. Burke known
also as George E. and Charles +. Reed.
who We're the legatees named in said
will; that Frank A. Reed is resident
of Usage. Iowa. George f. tRurkel
Reed Il resident of Gardiner and
Charles f. (Burke) Reed a resident OF
Denver Colo. AT the time OF the tesla
tors death he left real estate in said
Gardiner consisting of a brick store
appraised at $4,000 and a homestead APP
praised at $2j00, q cemetery lot unap-
praised, and S4202.32, cash and notes
and household goods, appraised at $50;
that said Frederick Danforth admins
tered the estate, paid the debts and
had, according to his second account,
III November, 1907. 2. balance of person
al property Of $32i6.37 in cash and
notes; that Sabrina 'd Reed died Feb.
10, 1911, and from the decease of the
said Robinson Reed 10 the death of the
said Sabrina NJ Reed, Frederick Dan
forth had acted as trustee in caring
for said estate. The homestead was
occupied during her life time by the
said Sabrina NJ. Reed. The store was
rented at the time of the death of said
testator and afterwards was rented by
the trustee. At the decease of the sand
Sabrina NJ. Reed, the real and personal
estate was being managed by the said
| Frederick panferth as trustee; that the
value of the said real estate at the de-
| cease of the said Sabrina NJ. Reed was.
approximately, store $4,000 and home
stead $4,000. and the personal property
| in the hands of the trustee was sub
| stantiailY the same as at the fling OF
| his second account as executor in 1907,
4
| to wit s3216.37.
No debts We're out standing against
the estate. After the decease of the
said Sabrina NJ. Reed, said Frederic
| Danforth. as executor, retitioned for
| license to sell the real estate of the
| said Robinson Reed Sc rs to divide the
estate among the residuary legatees.
| The question arose as to his legal
power To sell the real estate under the
terms of the will, and the court was
| asked to determine whether the said
| Frederick Danforth as executor, could
legally sell the real estate of Robinson
Reed and give good and valid title to
the purchaser under the provisions OF
| this will or whether the said Frank a.
Reed, Geo. Z. (Burke) Reed. and Chas
f (Burke) Reed as reSiduary lega-
tees, are vested with the title of this
real estate and the executors authori-
~ is limited solely to distribution Of
the personal property, after payment
of debts and funeral charges of said
Sabrina NJ. Reed.