Hassam v. Hazen
Massachusetts Supreme Judicial Court
Bill in equity, filed on September 30, 1890, by the trustee under the will of Lydia L. Dawes, against Marshman W. Hazen, residuary legatee of the will of Adaline L. E. Barnes and the heirs at law of Adaline Barnes and Rachel E. Washburn, for instructions.
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Bill in equity, filed on September 30, 1890, by the trustee under the will of Lydia L. Dawes, against Marshman W. Hazen, residuary legatee of the will of Adaline L. E. Barnes and the heirs at law of Adaline Barnes and Rachel E. Washburn, for instructions. Lydia L. Dawes died on July 9,1867, leaving a will, which was duly admitted to probate, containing the following provisions: “ I give, devise, and bequeath to my said husband, Henry Dawes, his heirs and assigns forever, my estate in Hanover Street in said Boston, being now numbered three hundred and sixty-three on said street, being the same…
1Opinion of the CourtField, C. J.
An attempt has been made to distinguish this case from Amory v. Meredith, 7 Allen, 397, Willard v. Ware, 10 Allen, 263, Bangs v. Smith, 98 Mass. 270, Sewall v. Wilmer, 132 Mass. 131, and Cumston v. Bartlett, 149 Mass. 243, but the distinctions pointed out do not seem to us to affect the rule established by those cases. In Cumston v. Bartlett, 149 Mass. 243, 248, it is said in the opinion: “ The general rule is now well established in this Commonwealth, that a general residuary devise will operate as an execution of a power to dispose of property by will, unless there is something to show that…
2Cases cited3 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Cumston v. BartlettMassachusetts Supreme Judicial Court · 1889
- Bangs v. SmithMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Pitman v. PitmanMassachusetts Supreme Judicial Court · 1943
- Boston Safe Deposit & Trust Co. v. PainterMassachusetts Supreme Judicial Court · 1948
- Slayton v. Fitch Home, Inc.Massachusetts Supreme Judicial Court · 1936
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