[DOWNLOAD] "Manuf'Rs National Bank Et Al. v. Woodward" by Androscoggin Supreme Court of Maine # eBook PDF Kindle ePub Free
eBook details
- Title: Manuf'Rs National Bank Et Al. v. Woodward
- Author : Androscoggin Supreme Court of Maine
- Release Date : January 26, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This bill in equity is before us on report. Three times before, problems arising out of the effort of Herbert F. Shaw to provide by his will for a public library for the Town of Mount Vernon, have been before this court. The first case was dismissed without a consideration of the merits. The issues raised by the others have been decided. Manufacturers National Bank, Executor, v. Woodward, 138 Me. 70, 21 A.2d 705; Manufacturers National Bank et al. v. Woodward, 140 Me. 117, 34 A.2d 471. The first of these latter two arose out of the declination by the town to act as trustee under the will, which gave the testator's land and house with its contents to the town as trustee and the residue of the estate to the bank as trustee, both of which trusts were designed ""to serve the common purpose of providing a public library in the town."" It was held that the trust would not be permitted to fail because of the refusal of the town to accept the trust. The case was remanded for a decree appointing new trustees. These were appointed and the second of these cases, reported in 140 Me. 117, 34 A.2d 471, was brought by these trustees and by the bank seeking a construction of the first clause of the will. The essential part of this clause reads as follows: ""I give and bequeath to the Town of Mount Vernon, Maine, my house and lot, in Mount Vernon Village, for use as a public library, and whatever remains after other sums hereinafter to be named have been disposed of shall be kept as a permanent fund, the income of which shall be used in keeping the buildings in repair and purchasing suitable books for the library.""