Gilmore v. Gilmore
Massachusetts Supreme Judicial Court
Two bills in equity, filed in the Probate Court for the county of Middlesex, respectively on May 28, 1920, and on December 14, 1920, by the trustees under the will of George O. Whiting, late of Lexington, for instructions.
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Two bills in equity, filed in the Probate Court for the county of Middlesex, respectively on May 28, 1920, and on December 14, 1920, by the trustees under the will of George O. Whiting, late of Lexington, for instructions. The material portions of the will of George O. Whiting were as follows: “Thirteenth: I direct my Executors to pay unto my said Trustees the sum of ten thousand ($10,000) dollars for each of my grandchildren now living namely, Helen Whiting Davis, George Whiting Mitchell and David E. Mitchell Jr., and also the sum of ten thousand ($10,000) dollars for each and every…
1Opinion of the CourtBraley, J.
The testator, after providing for the support of his wife by the payment of a fixed annual amount during her life, gave to Emma S. Davis, Jessie B. Gilmore and Grace Mitchell, his three daughters, all of whom survived him, “for and during the life of my said wife, all the remainder of said net rents, profits and income in equal third parts and shares,” payable yearly during the life of their mother, with a further provision that, if the minimum income did not equal a certain sum, any deficit “shall be taken from and charged to the principal of this trust ' fund. Upon the decease of my said…
2Cases cited14 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
- Ball v. HollandMassachusetts Supreme Judicial Court · 1905
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3Cited by1 opinion
- Warren v. MorrisMassachusetts Supreme Judicial Court · 1924