Darling v. Blanchard
Massachusetts Supreme Judicial Court
Bill in equity, filed December 30,1870, by the trustee under the will of Benjamin Binney, against Lydia Blanchard, Jane Binney, Benjamin Binney and Matthew Binney, children of the testator, and against the devisees and legatees under the will of Mary P. Learned, his deceased daughter, praying for instructions.
Read the full summary
Bill in equity, filed December 30,1870, by the trustee under the will of Benjamin Binney, against Lydia Blanchard, Jane Binney, Benjamin Binney and Matthew Binney, children of the testator, and against the devisees and legatees under the will of Mary P. Learned, his deceased daughter, praying for instructions. The case was reserved on bill and answers, by Wells, J., for the determination of the full court; and the facts appeared thereby as follows: The testator made a will containing eight clauses. By the first he ordered his debts to be paid; by the second he gave all his property to his…
1Opinion of the Court
Mobtoít, J.
Benjamin Binney by the seventh clause of his will gave and devised one fifth of his real and personal estate to his son Matthew, in trust to pay the income to his daughter Mary during her life, and at and upon her decease “ to convey the said fifth part to her children, share and share alike; and if any of them at that time be dead and leave issue, the issue shall be entitled to have the parent’s share only.” Upon established rules of construction and upon the authorities, we are of opinion that the children of Mary took a vested remainder on the decease of the testator. It is a…
2Cases cited1 opinion
- Pike v. StephensonMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Scott v. WestWisconsin Supreme Court · 1885
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- White v. SmithSupreme Court of Connecticut · 1914
8 more not listed; retrieve them via the Exa API.