Daily Kennebec journal., 1921-12-22
RESCRIPTS FROM
THE Law COURT

A bill asking for the construction
Of . will il sustained in the Knox
county case. John w. Lennon ct ais
70. Burnham Tyler ct ais bya rescript
handed down Wednesday by the law
court This rescript which was drawn
by Associate Justice Albert NJ. Spear
OF Gardiner. is an follows:
This is bill for the construction
OF the following paragraph in the
will OF Helen A. Anderson Of Thom-
aston:
i give and bequeath the income of
all the rest and residue of my proper
ty both real and personal, by bank
stock. bonds. and interest in two
ships ]. H. Thomas and H. D. Rice;
one half of the income to go to my
sister Priscilla Brown, and one half
to my niece Kate A. Brown during
their lives, and If Priscilla Brown
dies first the income is all to go to
Kate A. Brown; and IL Kate A.
Brown dies first then the income is
all to 90 to Priscilla Brown: and aft
er the dccease of Priscilla Brown and
Kate A. Brown, one half Of the in
come OF my property is to go to my
niece Mary p. Lermond, and one half
to my nephew William 3. Brown;
and II Mary p. Lermond should die
before William B. Brown, then all the
income or my property is to go to
William B. Brown; and If William B.
Brown should die before Mary P.
Lefmond then all the income of my
property is to go to Mary p. Ler-
mond; and after the death of Mary
p. Lermond and William B. Brown I
give, beQueath and devise all of my
| property to my then heirs, as pro-
| vided by law"
Priscilla Brown died January 4,
| 1907; Kate A. Brown died October
II, 1917; William B. Brown died
April 20. 1901; and Mary p. Lermond
died June 10, 1902.
It is the opinion Of the Court upon
both authority and reason that the
phrase in the present case, my then
heirs" means just what it says when
referred to the context of the para
| graph In which it stands, and to the
other paragraphs of the will. "Aftcr
the death" of all the life tenants, she
gives ito her then heirs" ''Then" is
Held: That the language of the
residuary clause of the will of Helcn
Anderson was intended to and did
! create a remainder to take effect at
the close Of all the life estates.
SAGADAHOC CASE
The, appeal of the defendants is
sustained in the Sagadahoc county
case Of Frank NJ. Connors, in equity,
ys. L. p. Sorle &. Son Co. ct ais.
i The rescript, which was drawn by
i Chief Justice Leslie G. Cornish Of
Augusta, is as follows:
1. After a final decree has been
made and entered by the Chairman
of the Industrial Accident Commits
sion under the Workmen's Compen-
sation Act and the time for taking
an appeal therefrom has expired, the
Chairman has no power to grant and
hold rehearing on the merits of the
case upon motion presented therefor
on the ground of newly discovered
evidence.
2. An appeal upon questions of law
to single Justice of this Court and
thence to the Law Court is provided
of compensation awarded may he had
by the Chairman within two years
after entry of decree upon the ground
that the incapacity of the employe
has subsequently increased, dimin-
ished or ended, under section 36. but
these are the only instances in which
a review is provided for, and the
present proceeding does not come
within either of them.
4 3. The rights of the parties are
governed entirely by statute, and the
statute knows and authorizes no
such procedure as was attempted
here.
CUMBERLAND CASE
The exceptions of the defendants
are overruled in the Cumberlan nd
county case of Ada Il, Kcnison VS.
William H. Dresser administrator
This was an action of assumpsit
The rcscript was drawn by Associate
Justice George M. Hanson of Calais