Swallow v. Swallow
Massachusetts Supreme Judicial Court
Bill in equity, by the executor of the will of Sally P. Taylor, to obtain the instructions of the court as to the con-, struction of the third article of the will. The case was heard by Morton, J„ and reserved for the consideration of the full court on the bill and answers. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
This is a bill for instructions, brought by the executor of the will of Sally' P. Taylor, who has in his hands certain personal estate bequeathed under the third article of the will. If there is real estate devised under that clause, it does not appear that the executor has anything to do with it, or is entitled to ask for instructions with regard to it. The third article is as follows :
*242“I bequeath and devise one half of the remainder of my estate, whether it be real, personal, or mixed, to my heirs Zephaniah P. Proctor and Rebecca P. Swallow, and the remaining half to the heirs of Isaac O.…
2Cases cited4 opinions
- Stedman v. PriestMassachusetts Supreme Judicial Court · 1869
- Springer v. CongletonSupreme Court of Georgia · 1860
- Talcott v. TalcottSupreme Court of Connecticut · 1872
- Warner's Appeal from ProbateSupreme Court of Connecticut · 1872
3Cited by22 opinions
- In Re Estate of MurphyCalifornia Supreme Court · 1909
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- In re the Trusteeship under the Last Will & Testament of BellSupreme Court of Minnesota · 1920
- Smith v. HaynesMassachusetts Supreme Judicial Court · 1909
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