Polsey v. Newton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Suffolk, December 8, 1906, by two children of a daughter of Mary E. Wilbur, deceased, testate, against the executor of and trustee under the will of the testatrix, and Nathan S. and Ivory B. Wilbur, sons of the testatrix, and their wives. The principal allegations in the bill are stated in the opinion.
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Bill in equity, filed in the Probate Court for the county of Suffolk, December 8, 1906, by two children of a daughter of Mary E. Wilbur, deceased, testate, against the executor of and trustee under the will of the testatrix, and Nathan S. and Ivory B. Wilbur, sons of the testatrix, and their wives. The principal allegations in the bill are stated in the opinion. Others were that the testatrix made her will in 1900, when she was seventy years old, that she died in 1903, and that the will was probated in 1905. The prayer of the bill was in the following words: “ Wherefore your petitioners pray…
1Opinion of the CourtRugg, J.
The bill alleges among other matters that there is a mistake apparent upon the face of the will of Mary E. Wilbur, deceased, in respect of clause “ Tenth,” which is : “I give and bequeath to said John F. Newton Junior one hundred (100) shares of the Boston Wharf Company, but in trust nevertheless, to hold and manage the same and pay the net income thereof to or for the use of my son, said Nathan S. Wilbur, for and during his life: and from and after his decease to pay said income to the wife of my said son, for and during her life; and upon the death of the survivor of them, my said son…
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