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BROWNE v. DUBEY

251 A.2d 424 (1969)

Eleanor BROWNE, Executrix U/W Victor C. Sylvester v. Eva DUBEY; Rachel Woodbury; Jennie Y. Sylvester; Fred Sylvester; Emma A. Hill; Elizabeth G. Wallace; Nellie J. Graeb; Judith E. Sylvester; and Muriel J. Sylvester.

Supreme Judicial Court of Maine.

March 19, 1969.

Attorney(s) appearing for the Case

Arnold Lane, Bridgton, for plaintiff.

Joseph Margolin, Norway, Christopher A. Moen, Jr., Portland, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ.

MARDEN, Justice.

On report, upon agreed statement of facts and exhibits.

The problem arises out of the consecutive clauses of the Will of Maurice A. Sylvester who died on June 18, 1955 and whose will was allowed on August 15, 1955. The clauses read as follows:

"FOURTH: My homestead farm on the east side of the Kansas Road in Bridgton, Maine, I give, bequeath and devise to my son, Victor Sylvester to have and to hold to him and his heirs and assigns...

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