Opinion
Decided February 3, 1914.
Where a will devises real estate to the husband of the testatrix upon condition that her son is to be provided with board and clothes, and stipulates that the latter is to have one thousand dollars from the property at the husband's death, the son's support is not a charge upon the land after the decease of the devisee.
PETITION, for the construction of the first clause of the will of Lorana T. Stubbs, which reads as follows: "I give, devise, and bequeath to my beloved husband, Charles E. Stubbs, my homestead farm, . . . provided my son, Arthur E. Bailey, is well provided for in board and clothes; and at my husband's death the said Arthur E. Bailey is to inherit one thousand dollars from the above property, also his bed, bedstead, and bedding, and all my pictures." Charles E. Stubbs is dead. The court held that, Bailey's board is a charge upon the land, and the plaintiff excepted. Transferred from the May term, 1913, of the superior court by Kivel, J.
Frank H. Brown (by brief and orally), for the plaintiff.
Brown Record and Frank O. Chellis, for the defendants.
Mrs. Stubbs says, in substance: I give my husband my homestead farm provided he takes care of my son; and on my husband's death, my son is to have one thousand dollars out of the above property — not one thousand dollars and his board and clothes. It is probable, therefore, that she intended her son to have his board and clothes as long as her husband lived and one thousand dollars upon her husband's death. The plaintiff is advised that the farm is not charged with Bailey's support.
Exception sustained.
All concurred.