(Download) "Maude O'Rourke v. Walter H. Cleary Et Al." by Supreme Court of Vermont ~ eBook PDF Kindle ePub Free
eBook details
- Title: Maude O'Rourke v. Walter H. Cleary Et Al.
- Author : Supreme Court of Vermont
- Release Date : January 04, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is a bill in chancery, brought under G. L. 3228, enacted as No. 40, Acts of 1896, for a construction of paragraph eight of the will of Thomas Francis O'Rourke, late of Derby, deceased, which is as follows: ""If I should die possessed of any real estate in Newark, N. J., I give, grant, devise and bequeath the same to my now intended wife, Maude Delaney of Newark, N. J., and I also give and bequeath to her all household goods, house furnishings and all contents of any house or apartment that may belong to me or may be occupied by us in Newark, N. J.; and I give and bequeath to the said Maude Delaney the sum of twenty-five thousand dollars ($25,000.00) all of the above to be to her and her heirs forever."" The bill alleges, in substance, that the testator died on January 29, 1931, at Derby Line, where he had resided for many years; that on November 21, 1928, he duly executed his last will and testament, which has been duly probated as such by the probate court for the District of Orleans, this State, wherein the settlement of the estate is still pending; that defendants Cleary and the National Bank are the duly appointed executors of testator's will; that at the time of the execution of the will, the plaintiff was engaged to be married to the testator, and she is the Maude Delaney mentioned in the eighth paragraph of the will; that on November 27, 1928, the plaintiff and testator were married; that at the time of this marriage, the testator had a son by a former marriage, who is defendant Thomas Nelson O'Rourke, and who is the only surviving child of the testator; that testator never owned any property in New Jersey; that the assets of the estate, as shown by the inventory filed in probate court, are valued at $170,988.87, and, in addition, there are assets of the value of $36,402.62, the ownership of which by the estate may be questioned; that the claims allowed against the estate aggregate $6,830.37.
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