Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-28
The Rescript.

Frederick Danforth, executor. VS..
Charles f. Reed, ct ais. Rescript, White
This bill in equity was brought for the
purpose of obtaining judicial CON
struction of the will of Robinson Reed
late of Gardiner.
In considering the proper construction
to be given TO this win for the purpose
of determining the question presented,
from the language of the whole instru-
ment and examined with reference to all
the surroundings, circumstances, MS
family, the nature, amount and situation
of his property, and his avowed or mani
fest purpose. is to have a. controlling IN
fiuence in the Interpretation of the ties,
tamentary provisions especially involved
in the inquiry In the light of this eic-
mentary rule of construction and of the
facts and circumstances disclosed by the
agreed statement, the we'll recognized
and familiar principles of law respecting
life estates with a qualified or unquaii-
fed power of disposal. and the doctrine
of vested and contingent remainders,
lead irresistibly to the conclusion that
the title to the real estate here in ques-
ton was vested in the son and step-sons,
in the proportions specified in the second
item of the will. at the death of the
,testator. but liable to be devested by the
execution of the trustees power of dis
the actual possession and enjoyment of
it by these sons being postponed in any
event until the death of the. widow.
The thoughtful and clearly expressed
terms of the first item of the will dis
close manifest desire and purpose on
the part of the testator TO give to his
wife the use and occupation OF the
homestead and all the furniture therein
and to provide ample means for her sup
port during her lifetime. He directs the
executor to hold all his property real
and personal in trust. to invest and re-
invest it as he may deem most advisable
and pay over to his wife the net income
of ii as long as she shall live; and If
the income of the property should prove
insufficient for her comfortable main
tenance" the executor is directed to use
SO much of the principal as he may
deem necessary in addition TO the IN
come In this item the testator also
make such alterations and improvements
in the homestead as she might desire
and to dispose of the household furni-
ture among the children in such man
ner as may seem TO her fitting, giving to
each his proportional value thereof"
But knowing the style of life to which
her wants would be few and simple the
testator undoubtedly felt Well assured
that her comfortable maintenance"
after his death would never involve the
estate, and but slight, if any, encroacn-
ment upon the principal of the personal
estate. 1t appears that the store was
occupied by his son and one of his step
sons as co-partners at the time of his
death, and as his death occurred about
six weeks after the date of the will, it
may fairly be inferred that the store was
so occupied at the date of the WILL and
that it was his desire and expectation
that the title to the store should remain
i'm the family and not be transferred to
strangers.
AT the beginning of the second item m
the will the LANGUAGE is: AT the de-
cease of my said wife | give beaueath
and devise all the rest and residue of
my estate then remaining to my two
stepsons and to my SON." etc. 1t IL evil