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Wills, Trusts & Estates Keyed to Gallanis
Gifford v. Dyer
Citation:
2 R.I. 99 (1852)Facts
The will of Abigail Irish was dated December 4, 1850, and the testatrix died December 6, 1850. She gives and bequeaths the rest and residue of her property, one half to John Dyer, who was her brother-in-law, and the other half to her two nephews, Jesse and Alexander Dyer. Robin Gifford, the only child of the testatrix, was not mentioned in the will. At the date of the will, Robin Gifford had been absent from home, leaving a family, for a period of ten years; all the neighbors considered him dead, and his estate had been administered upon as of a person deceased. The scrivener who drew the will, testified as follows: After I had read the will to her, she asked if it would make any difference if she did not mention her son. I asked if she considered him living. She said she supposed he had been dead for years; she said, if it would make any difference she would put his name in, for they will break the will if they can. I think she said what she had given her grandchildren was in lieu of what he would have, but am not positive.
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