CANAL NATIONAL BANK v. CHAPMAN


171 A.2d 919 (1961)

CANAL NATIONAL BANK, Exec. under will of Marion P. Harmon v. Muriel B. CHAPMAN et al.

Supreme Judicial Court of Maine.

June 9, 1961.


Attorney(s) appearing for the Case

Robert F. Preti, Portland, for plaintiff.

Herbert A. Crommett, Arthur A. Peabody, Portland, for defendants.

Before WILLIAMSON, C.J., and WEBBER, TAPLEY, SULLIVAN, DUBORD and SIDDALL, JJ.


WILLIAMSON, Chief Justice.

On report. This is an action by the Canal National Bank of Portland, executor under the will of Marion P. Harmon, for construction of a "pour over" provision in the will. The issue is whether the property under paragraph Sixth of the will passes into an inter vivos trust as amended subsequent to the execution of the will, or passes into an inter vivos trust as it existed when the will was executed, or passes by intestacy.

The facts...

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