Snow v. Foley
Massachusetts Supreme Judicial Court
Bill in equity by the executors of the will and codicil of Thomas Sullivan, against the legatees named in the will, to obtain the instructions of the court.
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Bill in equity by the executors of the will and codicil of Thomas Sullivan, against the legatees named in the will, to obtain the instructions of the court. The testator by his will, which was dated September 5,1873, after declaring that his lawful debts and funeral expenses should be paid, devised and bequeathed to his wife, Julia A. Sullivan, specific real estate and chattels, and gave $30,000 to trustees, who were directed to invest the same and pay to his wife the income accruing therefrom during her life. The will then provided as follows: “ After the decease of my said wife, Julia A.…
1Opinion of the CourtGray, C. J.
The legacy, given by the codicil, of $7000 “in addition to ” the $3000 given to the same person by the will, the codicil expressly ratifying and confirming the will in all other particulars, is to be paid out of the same fund and subject to the same conditions as the original legacy, and is therefore payable upon the death of the widow and out of the trust fund of which she has the income during her life. Crowder v. Clowes, 2 Ves. Jr. 449. Day v. Croft, 4 Beav. 561. Warwick v. Hawkins, 5 De G. & Sm. 481. Russell v. Dickson, 1 Con. & Laws. 284, 289; S. C. 2 Dru. & War. 133, 138. Pike v.…
2Cited by4 opinions
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