Legal Opinion

Richardson v. Willis

Massachusetts Supreme Judicial Court

Decided February 28, 1895PublishedCited by 5 opinions

Petition to the judge of probate of the county of Suffolk, by James B. Richardson, Henry C. Willis, and Richard C. Humphreys, executors of the will and codicil of Clement Willis, late of Boston, deceased, praying the instructions of the court as to their duties thereunder. At the'trial in this court before a single justice, it was decreed that the decree of the Probate Court as to the construction of the third clause of the will and the seventh clause of the codicil, viz.

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Petition to the judge of probate of the county of Suffolk, by James B. Richardson, Henry C. Willis, and Richard C. Humphreys, executors of the will and codicil of Clement Willis, late of Boston, deceased, praying the instructions of the court as to their duties thereunder. At the'trial in this court before a single justice, it was decreed that the decree of the Probate Court as to the construction of the third clause of the will and the seventh clause of the codicil, viz. “ that the provisions therein made for the grandchildren of said testator apply to and include only those who were living…

1Opinion of the CourtLathrop, J.

The will of Clement Willis appoints certain persons executors and trustees of his will. The third article of the will begins as follows: “I give to my trustees as many thousand dollars as I shall have grandchildren at my decease, that is, one thousand dollars to each grandchild, in trust.” Then follow the terms of the trust, which need not be stated. By a codicil, which in terms confirms the will, “ so far as this codicil is consistent therewith,” the testator directs his executors and trustees to pay to certain of his grandchildren, naming them, the sum of one thousand dollars each, within…

2Cases cited1 opinion

  1. Chapin v. ParkerMassachusetts Supreme Judicial Court · 1892

3Cited by5 opinions

  1. Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
  2. Downing v. NicholsonSupreme Court of Iowa · 1902
  3. Lyman v. CoolidgeMassachusetts Supreme Judicial Court · 1900
  4. Richardson v. WarfieldMassachusetts Supreme Judicial Court · 1925
  5. Summers v. SummersSupreme Court of Alabama · 1916

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