The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1921-04-14

Law court have been received, the
oninions treating with important
noints of law and equity:
Edward N. Merrill, Exr. In Equity
VS.
John II. Winchester ct ais.
Somerset County.
Rescript, Cornish, c. j.
M in equity to obtain the con-
strnction of certain paragraphs in the
viii of David d. Stewart, late of st.
Adams. deceased.
Item 8 is as follows. ITO my
sister. Mrs. Elizabeth NJ. Winchester
of Corinna, | give and bequeath six
thousand dollars ($6, 100000, and to
Zach of her children, grandchildren
and great grandchildren now living
mr. hereafter born OF now living,
will is admitted to probate, to those
thousand dollars ($3, 100000 each, to
he paid within two years after this
will is admitted to probate, to those
then living, and to those born after
wards. within two years from the date
of birth. To be paid out of any
moneys. or ~collectible notes, or stocks
or bonds belonging to my estate, as
NAV be found most convenient by my
executor or his successor in Office, or
ont of the proceeds of the sales OF real
estate, if necessary"
HELD:
That as Mrs. Winchester died
during the lifetime of the testator her
legacy of Sc, 000.0 90 passed under r. S.
ch. 70. sec. 10, to her lineal descend
ants of whom there were four branch
es.
. That SO far as the 100000 be-
ouests are concerned the testator in
tended to bestow hat sum upon all
the children, grandchildren and great
Grandchildren of his sister who might
he in esse at the time of his own de-
cease: that is, upon those then born
or who might be born within nine
months thereafter, and that the rule
against p~erpetuities was not thereby
mfr nged upon and need not be con-
sidered. ,
3. That while the legacies vested
as stated above, they were liable 10
be diyested by death prior to the pre-
scribed time of payment as it was the
survivors at hat time who by the
terms of the Will were to receive the
gilt.
II. Fem s is as follows: 81 give
and devise to Jeanette Winchester Of
Forinna, the store and lot in st. AL
bans village, occupied in part by o.. w.
EigeloW, and in part by myself as my
Office. To have and to hold to herself
and to her heirs and assigns forever.
Reserying, however, the rooms which
constitute my office, as long as my Ex-
eeutor and his successor may desire, In
closing up my estate, and in taxing
care of my Office library until the
hooks and papers of all kinds, desks,
and personal property OF every de-
scription. are removed or disposed or,
as hereinafter provided. Reserving
also my said office rooms for the use
of the legatees in Sec. No. 3 OF this
will. as long as they may desire. Ana
further %reserving the stairs n wood
shed underneath, for the use OF SAID
office as long as said executor and his
successor, and said legatees may de-
sire. in the same manner as l have
used them
Held. mat the IeSSINdl Oho Nv
valid. the interest reserved being an
easement in gross; merely a personal
right which is neither assignable nor
.aFcritable.
III. Item 9 involves the same ques-
ton as item 3.
Nv. Item Il, is as follows; Il give
nd devise to Closson c. Hanson and
#~11-eace NJ. Hanson, his wife, my
Mcstead property, where have l1v-
II viii my dear wife many years. To
a al to hold to them and their
I'D assigns forever. And to said
reace VI. Hanson and her two
fgre, Mary and Helen Hanson
- |hequeath my dear wifes
e.. and articles of personal cloth
asd apparel. and ornaments, and
MS. and watches of which she had
.aree Zone in Blake's vault Bangor,)
and two at home; and all of her per
#5,al property of every kind in my
h0uae. including everything inherited
feom her father and mother, and every
hing given her by relatives and
friends and myself; unless some ar