Keir v. Keir

SHAW, J.

This was an action against the defendant to recover the sum of eleven hundred dollars and to have the same adjudged a lien upon certain real estate and to foreclose the said lien.

The question presented is whether or not the action is barred by the statute of limitations. The defendant was the son and the plaintiff the grandson of Alexander Keir, Sr., who died on March 31, 1897. Plaintiff was a nephew of the defendant. On.September 29, 1892, Alexander Keir, Sr., executed a will making certain dispositions of his property, from which this action arose. The fourth clause of the will is as follows: “I bequeath to my said wife, Marian, in trust for my heirs, all my real and personal property; the rents and issues therefrom to be used for the support of my said wife during her lifetime, on condition, however, that she receive the same in lieu of her dower or other claims upon my estate.” The testator left- one son and four daughters as his heirs, besides the plaintiff, who was his grandson. The provision for the defendant, Alexander Keir, Jr., was as follows:—•

"Fifth. I bequeath and devise, upon the death of my wife Marian, all my real and personal property to my children as follows:

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“Sixth. I give to my son, Alexander Keir, Jr., all that certain real property known and designated (describing three lots containing thirty-six acres), together with all improvements, stock, farming implements and other personal property thereon, not hereinbefore disposed of; also all that other certain real property” (describing a certain parcel of land).

To each of his daughters he gave an estate in remainder after the death of his wife, in certain other tracts of land. The only provision for his grandson, the plaintiff herein, was as follows:

“Twelfth. I further direct that my son, Alexander Keir, Jr., pay to my grandson, Alexander S. Keir, .the sum of eleven hundred ($1100.00) dollars gold coin out of the property hereinbefore bequeathed to my son, Alexander Keir, Jr. If my son, Alexander Keir, Jr., fails, refuses or neglects to pay my grandson,’ Alexander S. Keir, the sum herein named, viz.: eleven hundred ($1100.00) dollars, then I hereby direct and empower my heirs at law to pay Alexander S. Keir, my grandson, the sum of eleven hundred ($1100.00) dollars and to deduct the amount from that portion of my estate herein bequeathed and devised to my son, Alexander Keir, Jr.”