Stevens v. Fisher
Massachusetts Supreme Judicial Court
Bill in equity, by one of two trustees under the will of Louisa J. O’Brien, against Emery B. Fisher, the other trustee, and in his individual capacity, and Gardner P. Fisher, brothers of the testatrix, and Grace A. O’Brien and Máry L. O’Brien, daughters of the testatrix, to obtain the instructions of the court as to the construction of the will. Hearing before Grardnen, J., who reserved for the consideration of the full court the following case.
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Bill in equity, by one of two trustees under the will of Louisa J. O’Brien, against Emery B. Fisher, the other trustee, and in his individual capacity, and Gardner P. Fisher, brothers of the testatrix, and Grace A. O’Brien and Máry L. O’Brien, daughters of the testatrix, to obtain the instructions of the court as to the construction of the will. Hearing before Grardnen, J., who reserved for the consideration of the full court the following case. Louisa J. O’Brien died on January 22, 1873. Her will, which was duly admitted to probate on February 17, 1873, contained the following provisions:…
1Opinion of the CourtDevens, J.
It is the contention of the brothers Emery B. Fisher and Gardner P. Fisher, that although, by the will of the testatrix, a fund of $20,000 was to be created, the income of which was to be devoted to the mother of the testatrix, who was also their own mother, during her life, and the sums of $10,000 bequeathed to each respectively are coincident in amount with the fund as originally created, and although they were not payable until the death of their mother, yet they are absolute and *126unconditional legacies, to be paid out of any funds of the estate. The question arises by reason that the…
2Cited by4 opinions
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