Lee v. Gay
Massachusetts Supreme Judicial Court
Bill in equity, filed in this court by the executors of the will of Nancy D. Cole, for instructions as to the disposition of a legacy. Hearing before Holmes, J., who reported the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed in this court by the executors of the will of Nancy D. Cole, for instructions as to the disposition of a legacy. Hearing before Holmes, J., who reported the case for the consideration of the full court, in substance as follows. The testatrix in her will provided, among other things, as follows: “ 4. In token of my affection for John C. Lee, of Salem aforesaid, and his wife, Harriet P. Lee, and of gratitude to him for his skilful care of my property for many years without compensation, I give to each of their children with love the sum of one thousand dollars to them and…
1Opinion of the CourtMorton, J.
We think, as to the persons entitled to share under the sixth clause of the will, this case must be governed by Howland v. Slade, ante, 415, and that the nephews and nieces who *425survived the testatrix, and the issue of those who died between the making of the will and her. death, are therefore entitled to the legacy given in said clause. The attempt has been made to argue that, because in the fourth clause the testatrix gave to the children of John C. and Harriet P. Lee each a legacy, with the provision that the issue of any deceased child should inherit the parent’s share, and because in the…
2Cases cited1 opinion
- Fisher v. HillMassachusetts Supreme Judicial Court · 1810