Stedman v. Priest
Massachusetts Supreme Judicial Court
Bill in equity by Daniel B. Stedman and George Stedman, executors of the will of Josiah Stedman, praying for instructions as to the disposition of his estate.
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Bill in equity by Daniel B. Stedman and George Stedman, executors of the will of Josiah Stedman, praying for instructions as to the disposition of his estate. The material facts in the case, as alleged by the bill and admitted by the answers, on which the case was reserved by Gray, J., for the determination of the full court, were as follows: The testator’s will, dated February 1, 1865, after giving a 'egaey, continued thus: “ I do will, order and direct, that the whole of the residue and remainder of my estate,” “ shall be divided into ten equal parts, shares, or portions, and I do hereby…
1Opinion of the CourtColt, J.
Technical rules of interpretation will not be permitted to control the general rule, that the intention of the testator, as gathered from the whole will, must govern in its construction. Thus, although it is a rule that, when an aggregate fund is given to several, to be divided among them, nominatim, in equal shares, if one of them dies before the testator, his share will lapse; yet the mere fact that he mentions by name the individuals who make up the class is not conclusive, and if the intention to give a right of survivorship is collected from the remaining provisions, applied to the…
2Cited by23 opinions
- In Re Estate of MurphyCalifornia Supreme Court · 1909
- Strauss v. StraussIllinois Supreme Court · 1936
- Security Trust Co. v. LovettNew Jersey Court of Chancery · 1911
- Johnson v. SkinnerMichigan Supreme Court · 1914
- Kimbrough v. DickinsonSupreme Court of Alabama · 1946
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