Almond v. Mason's adm'r
Almond v. Mason's adm'r
Opinion of the Court
delivered the opinion of the court.
It appearing that the father of the female appellant by his last will and testament, duly executed and admitted to prohat, did, amongst other things, bequeath certain personal property therein described to his wife during her natural life or widowhood; that two of the executors named in the will took upon themselves the execution of said office; that one of said executors departed this life, and the surviving executor was removed from his office, and administration de bonis non with the will annexed was committed to Daniel Mason, who executed bond with security and qualified as such administrator 'according to law; and it furthermore appearing by the report of the master commissioner, made out in pursuance of the interlocutory decree, that the whole of the personal estate of William Porter, the said testator, which came to the hands of said administrator de bonis non with the will annexed, was property held and enjoyed during her life by Sarah Porter, the widow of said William Porter, in virtue of the bequest aforesaid; and it also appearing that the testator by his will after the bequest to his wife as aforesaid, furthermore declared that in case she should not marry during her natural life, it was his will and desire that at her decease his executors should proceed to sell the whole of his estate, and divide the money arising therefrom as in the will directed; this court is of opinion that the assent of the executors to the legacy to the widow during her natural life or widowhood, and her enjoyment thereof under said bequest during her natural life, was not a full adminis
Reference
- Full Case Name
- Almond & wife v. Mason's adm'r & als.
- Status
- Published