CUMMINGS v. ORRE


503 A.2d 1308 (1986)

Edwin E. CUMMINGS, et al. v. Robert S. ORRE, et al.

Supreme Judicial Court of Maine.

Decided February 6, 1986.


Attorney(s) appearing for the Case

Kurtz & Myers, Theodore H. Kurtz (orally), South Paris, for plaintiffs.

Turner & Whittier, P.A., Craig E. Turner (orally), David Q. Whittier, South Paris, Robert B. Dow, Jr., Norway, for defendants.

Before McKUSICK, C. J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.


MEMORANDUM OF DECISION.

The plaintiffs, children of the late Elliot S. Cummings, appeal from a judgment of the Superior Court, Oxford County, construing the will of Dorothy N. Cummings so as to permit the lapse of a devise to Elliot who had predeceased her. The plaintiffs argue that the Superior Court erred in refusing to consider extrinsic evidence of the alleged intent of the testator that the devise not lapse. The personal representative of the estate of Dorothy...

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