Howland v. Howland
Massachusetts Supreme Judicial Court
Bill in equity filed September 11, 1867, by Betsey R. How-land, the widow, and Cynthia S. Howland and Charles W. Howland, both minors, two of the eight children of Daniel Howland, Jr., who died September 3,1865 ; praying for a decree to compel the executor of the will of the deceased to pay or transfer to the plaintiffs respectively certain personal property therein bequeathed. The answer denied that by the terms of the will they were entitled to such payment or transfer.
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Bill in equity filed September 11, 1867, by Betsey R. How-land, the widow, and Cynthia S. Howland and Charles W. Howland, both minors, two of the eight children of Daniel Howland, Jr., who died September 3,1865 ; praying for a decree to compel the executor of the will of the deceased to pay or transfer to the plaintiffs respectively certain personal property therein bequeathed. The answer denied that by the terms of the will they were entitled to such payment or transfer. The case was heard on the bill and answer, and reserved for the determination of the full court. The material parts of the…
1Opinion of the CourtChapman, C. J.
The will of Daniel Howland, Jr., gives to his daughter Cynthia S. Howland certain shares of railroad stock and bridge stock, and provides: “ Should my said daughter *223Cynthia die before she is of age, I give and bequeath the said property given to her, or the remainder thereof, to my children and their heirs, to be equally divided between them.” It also gives to his son Charles W. certain railroad stock, and certain real estate. On the decease of his wife, it gives him the remainder of all the property which it gives to her. It then provides that “ should my son, the said Charles W., die before…
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