Whicher v. Abbott
Maine Supreme Judicial Court
449 A.2d 353 (1982)
- Written by Serena Lipski, JD
Facts
Lincoln Abbott lived on a farm with his wife, Mary, who predeceased Lincoln, and their 10 children. One child, James Abbott, was incompetent. Lincoln’s will left the farm’s full use to another son, Bernard Abbott, “in consideration of and on the condition and obligation” that Bernard support James. If Bernard did not support James, then Lincoln’s will provided that the devise to Bernard would become null and void. After James died and if Bernard had supported James, the will provided the farm would then be absolutely vested in Bernard or his heirs. Lincoln’s will left only $1 to his other eight children because they were able to care for themselves. After Lincoln’s death, the farm passed to Bernard. Bernard died before James, leaving a widow and children (collectively, Bernard’s heirs) (defendants), a circumstance for which Lincoln’s will did not provide. Alice Whicher (plaintiff), James’s legal guardian, filed suit against Bernard’s heirs and Lincoln’s other heirs. Whicher’s complaint sought a construction of Lincoln’s will and a declaration of the parties’ rights. The trial court determined that Lincoln’s will created a testamentary trust with James, Bernard, and Bernard’s heirs as beneficiaries. Bernard’s heirs appealed, arguing that the will created a fee simple on condition subsequent.
Rule of Law
Issue
Holding and Reasoning (Carter, J.)
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