Legal Opinion

Cummings v. Bramhall

Massachusetts Supreme Judicial Court

Decided September 21, 1876PublishedCited by 36 opinions

Bill in equity originally brought by Andrew T. Hall, executor of the will and codicil of William Bramhall, and, after the death of Hah, revived by the administrator with the will annexed of the estate of Bramhall, to obtain the instructions of the court. The will of the testator, dated April 18, 1865, contained the following clauses: “Fourth.

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Bill in equity originally brought by Andrew T. Hall, executor of the will and codicil of William Bramhall, and, after the death of Hah, revived by the administrator with the will annexed of the estate of Bramhall, to obtain the instructions of the court. The will of the testator, dated April 18, 1865, contained the following clauses: “Fourth. I give and bequeath the sum of twelve thousand dollars to said Andrew T. Hall, in trust, for the benefit of my son Robert Bramhall during his life, to be used and applied as follows : The said Hall is to keep the same safely invested, and pay to said…

1Opinion of the CourtEndicott, J.

Before considering the several requests for instructions propounded by the bill, it is necessary to determine how far the sixth, seventh and eighth clauses of the will are affected by the provisions of the codicil.

When the testator made the will, April 18, 1865, he had five children living, who were his only heirs at law, William, Thomas, Robert, Elizabeth and Maria. Thomas died before the testator, and after the codicil was made; the others survived him. By the fourth clause of the will, the testator gave twelve thousand dollars to a trustee to hold in trust for the benefit of Robert, and…

2Cases cited4 opinions

  1. Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
  2. Shurtleff v. FrancisMassachusetts Supreme Judicial Court · 1875
  3. Smith v. HaynesMassachusetts Supreme Judicial Court · 1873
  4. Goddard v. MayMassachusetts Supreme Judicial Court · 1872

3Cited by36 opinions

  1. Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
  2. Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
  3. Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
  4. Stratton v. Physio-Medical CollegeMassachusetts Supreme Judicial Court · 1889
  5. Thompson v. McCuneSupreme Court of Missouri · 1933

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