Mullaney v. Monahan
Massachusetts Supreme Judicial Court
Bill in equity, filed on June 5, 1917, by three children of a brother of the half blood of Thomas Mullaney, late of Boston, testate, seeking an accounting as to rents from real estate formerly owned by. the testator and a construction of his will for the purpose of determining who were entitled to such rents. At a previous stage of the case it came before this court by a report made by Wait, J., upon an interlocutory decree.
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Bill in equity, filed on June 5, 1917, by three children of a brother of the half blood of Thomas Mullaney, late of Boston, testate, seeking an accounting as to rents from real estate formerly owned by. the testator and a construction of his will for the purpose of determining who were entitled to such rents. At a previous stage of the case it came before this court by a report made by Wait, J., upon an interlocutory decree. It was held, in a decision reported in 230 Mass. 245, that the words of the residuary clause of the will of Thomas Mullaney “in equal shares to my several brothers and my…
1Opinion of the CourtRugg, C. J.
It long has been and is now a rule in the construction of wills that estates thereby created should be treated as vesting immediately unless the testator has manifested an opposite purpose by the use of clear words. Boston Safe Deposit & Trust Co. v. Blanchard, 196 Mass. 35, 38, Welch v. Colt, 228 Mass. 511, 513, 514, and cases collected in each decision. Weston v. Coburn, 227 Mass. 483, 485. “The cardinal rule in the interpretation of wills, to which all other rules must bend, is that the intention of the testator shall prevail, provided that it is consistent with the rules of law.” McCurdy…
2Cases cited24 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Boston Safe Deposit & Trust Co. v. StrattonMassachusetts Supreme Judicial Court · 1927
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Gilman v. Congregational Home Missionary SocietyMassachusetts Supreme Judicial Court · 1931
- Hedge v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1925
- Old Colony Trust Co. v. ClarkeMassachusetts Supreme Judicial Court · 1935
10 more not listed; retrieve them via the Exa API.