Estate of Mayhew
In Re Estate of Mayhew
Opinion
Lead Opinion
McLAUGHLIN, J.
Mary Jane Mayhew died in August, 1903, leaving a holographic will, the parts of which material to our inquiry read as follows: “I direct that if my husband, Horace Allen Mayhew, provided he shall survive me, be paid for his use his lifetime, the sum of forty thousand dollars, or if he wishes he may have that much in value in whatever or wherever he may wish. I direct that my husband shall have the use of this money or the interest of it his lifetime, and at his death he shall have suitable interment and Ms grave marked as his children may deem proper, provided any of them shall survive him in case they do not his grandchildren may attend to that as they deem proper. ... I direct that whatever there may be left after my husband has the forty thousand dollars I wish to give him the use of that the remainder be equally divided between my four children. ... I also direct that at the death of my husband that every dollar that is not used for his comfort and pleasure shall be equally divided between my four children as before mentioned. ... As a supplement to this my last wifi and testament I wish to say I have deeded all my real estate to my husband Horace Allen Mayhew, but in that I…