Hunt v. Hunt
Massachusetts Supreme Judicial Court
Assumpsit to recover a legacy bequeathed to the plaintiff by her father. The case was submitted to the court on the following statement: Jonathan Hunt, late of Brattleborough in the State of Vermont, was an eminent lawyer, and was, for several years immediately preceding his death, extensively engaged in the practice of his profession. He died in May 1832, leaving a widow, (the defendant,) and five children, viz.
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Assumpsit to recover a legacy bequeathed to the plaintiff by her father. The case was submitted to the court on the following statement: Jonathan Hunt, late of Brattleborough in the State of Vermont, was an eminent lawyer, and was, for several years immediately preceding his death, extensively engaged in the practice of his profession. He died in May 1832, leaving a widow, (the defendant,) and five children, viz. Jane, (the plaintiff,) William, Jonathan, Richard and Leavitt, who are all now living, and all except the plaintiff are minors. His last will, executed on the 5th of November 1831,…
1Opinion of the CourtHubbard, J.
The case raised upon the agreed statement of facts depends on the construction to be given to one of the clauses in the will of Jonathan Hunt, the father of the plaintiff. Having first made a separate provision for his wife, he gives all the remaining part of his real estate and personal property to her and his five children, to them and their heirs forever, equally to be divided between them. He then gives a direction in case either should die during his life ; after which this provision follows : “ Should either of my children die unmarried, or under age, or without lawful issue, after my…
2Cases cited1 opinion
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