Hill v. Downes
Massachusetts Supreme Judicial Court
Bill in equity, filed May 18, 1877, by the executor of the will of John Downes, who died on August 11, 1854, to obtain the instructions of the court. The will, which was dated July 29, 1852, and admitted to probate on August 15, 1854, contained, among other provisions not material to be stated, the following: “ First.
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Bill in equity, filed May 18, 1877, by the executor of the will of John Downes, who died on August 11, 1854, to obtain the instructions of the court. The will, which was dated July 29, 1852, and admitted to probate on August 15, 1854, contained, among other provisions not material to be stated, the following: “ First. I give and bequeath to my beloved wife, Maria Gertrude Downes, the use and improvement of all my real and personal estate, (excepting such as is otherwise disposed of in and by this will,) to have and to hold the said use and improvement during her natural life, or so long as…
1Opinion of the CourtLord, J.
The decree of the presiding justice in this case must be affirmed. It is undoubtedly true that the testator intended that his widow should take nothing of his estate, as heir *512at; law to either of his children, if any of them should die dur ing her lifetime. This provision it was competent for him to make, if he used apt and sufficient words for that purpose. A testator may, by the use of appropriate language, prevent the operation of the statute of wills, or the statute of distributions upon property which he leaves, during the time in which he has power over the same. A testator cannot,…
2Cited by1 opinion
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