Skip to main content

“This was a bill in equity. The facts were as follows: Peleg Gardner, of South Kingston, by his will, dated the 7th of July, 1817, having given his wife (one of the plaintiffs) a part of his mansion house and the use of one third of his stock &c. for her life, in lieu of dower, made the following devise: ‘I give and devise to my beloved son, Ezekiel W. Gardner, two third parts of all that my Ferry farm, so called, formerly owned by John Franklin, and now in the possession of the said Ezekiel W. Gardner; with two third parts of the sloop, boats, scow, wharf, rights and privileges, to my said Ferry estate belonging, of every kind whatever, to him the said Ezekiel W. Gardner, and to his heirs and assigns forever, he my son Ezekiel W. Gardner paying all my just debts out of said estate.’ The testator then proceeds to devise the other third of the Ferry estate and some other real estate to his daughter Isabel in fee. He then devises other real and personal estate to his other daughters, Martha C. Gardner, Hannah Gardner, and Mary Ann Gardner in fee; and gives an annuity to his daughter Dorcas Gardner, of 300 dollars, payable out of the estates given to her four sisters. Then comes the following clause: ‘And I do hereby order, and it is my will, that my son, Ezekiel W. Gardner, shall pay all my just debts out of the estate, herein given him as before mentioned.’ He then gives the residue of all his estate, real and personal to his wife, Hannah Gardner, in fee, and makes her the executrix of his will.”

Case Citation

3 Mason 178