Pope v. Pope
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on September 27,1910, by the trustees under the will and codicil of Albert A. Pope, late of Cohasset, for instructions.
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Bill in equity, filed in the Supreme Judicial Court on September 27,1910, by the trustees under the will and codicil of Albert A. Pope, late of Cohasset, for instructions. The bill alleged that Albert A. Pope, late of Cohasset, died on August 10,1909, leaving a will and codicil, copies of which were annexed to the bill, that the will was executed on June 16, 1905, at Boston and. the codicil was executed on May 28, 1906, at Hartford, in the State of Connecticut; that the will and codicil were allowed by . the Probate Court for the county of Norfolk on September 1, 1909; that the plaintiffs had…
1Opinion of the CourtHammond, J.
1. There can be no doubt that cestuis que trust to whom gifts of annual income are made are entitled to such income from the death of the testator. R. L. c. 141, § 24. Indeed nobody at the argument before us contended, nor does it appear by the pleadings or otherwise that any of the parties interested ever contended, to the contrary.
2. “ A wife cannot be deprived of her dower except by her own consent. Therefore, when she accepts a provision in her husband’s will as a substitute for this existing legal right, the law regards her as standing in the light of a purchaser for a valuable…
2Cases cited3 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Borden v. JenksMassachusetts Supreme Judicial Court · 1886
3Cited by12 opinions
- Sears v. ChildsMassachusetts Supreme Judicial Court · 1941
- Casey v. GenterMassachusetts Supreme Judicial Court · 1931
- Easterday v. EasterdayIndiana Court of Appeals · 1937
- Nelligan v. LongMassachusetts Supreme Judicial Court · 1946
- Taylor v. AlbreeMassachusetts Supreme Judicial Court · 1941
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