Webster v. Webster
Massachusetts Supreme Judicial Court
Bill nr equity by the executors of the will of Nathan Webster, praying for instructions. The case, as it appeared by the bill and answers, on which it was reserved.by Ames, J., for the determination of the full court, was as follows : Nathan W ebster, a resident of Haverhill, made the will March 14, 1856, and died October 19,1866, leaving a widow, Matilda G. Webster; three sons, namely, Gardner, Winslow and Everett Webster; and three grandchildren, issue of Everett, namely,…
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Bill nr equity by the executors of the will of Nathan Webster, praying for instructions. The case, as it appeared by the bill and answers, on which it was reserved.by Ames, J., for the determination of the full court, was as follows : Nathan W ebster, a resident of Haverhill, made the will March 14, 1856, and died October 19,1866, leaving a widow, Matilda G. Webster; three sons, namely, Gardner, Winslow and Everett Webster; and three grandchildren, issue of Everett, namely, Mary, Ellen and William Webster, aged respectively eight years, five years and one year. The will was proved and…
1Opinion of the CourtGray, J.
The general rule is well settled, that a sale of real estate by a testator after maMng his will operates as a revocation to the extent of the estate sold only. Hawes v. Humphrey, 9 Pick. 350. Clark v. Packard, 9 Gray, 417. Carter v. Thomas, 4 Greenl. 341.
In the present case, it is manifest from the will itself that the testator intended that such share as Everett and Ms cMldren should take should be put in trust, to be applied, at the discretion of the trustee, for the benefit of Everett during his life, and after Ms death to be transferred to his cMldren outright on their coming of age. This…
2Cases cited1 opinion
- Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Bowen v. HoxieMassachusetts Supreme Judicial Court · 1884
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- Hoitt v. HoittSupreme Court of New Hampshire · 1885
- Dunlap v. HartSupreme Court of Missouri · 1918
- Cozzens v. JamisonMissouri Court of Appeals · 1882
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