Green v. Kelley
Massachusetts Supreme Judicial Court
Appeal by James A. Kelley of New Albany, Indiana, and Charles B. Kelley of Salem, Indiana, as alleged beneficiaries under a trust created by the will of Sylvia Ann Howland, late of New Bedford, from a decree of the Probate Court for the county of Bristol ordering a distribution of the trust fund among the lineal descendants of Gideon Howland, late of Dartmouth, who were living on July 3, 1916, and excluding the petitioners as being persons not entitled to share as such…
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Appeal by James A. Kelley of New Albany, Indiana, and Charles B. Kelley of Salem, Indiana, as alleged beneficiaries under a trust created by the will of Sylvia Ann Howland, late of New Bedford, from a decree of the Probate Court for the county of Bristol ordering a distribution of the trust fund among the lineal descendants of Gideon Howland, late of Dartmouth, who were living on July 3, 1916, and excluding the petitioners as being persons not entitled to share as such lineal descendants. A previous decision of this court upon the petition for the decree of distribution appealed from is…
1Opinion of the CourtRugg, C. J.
This case relates to the distribution of the residue ■of the portion of the estate of Sylvia Ann Howland which would have been paid to Joseph H. A. Kelley had he been living. He ■entered into a legal marriage in Michigan before 1870 with a *604woman still living, where Frank H. Kelley, the issue of that marriage was bom. Joseph deserted his Michigan wife, while that marriage was in full force and, without obtaining a divorce, settled in Indiana, where in 1876 he went through the form of marriage, which would have been valid but for his Michigan marriage, with one Rosalena Cunningham. The issue of…
2Cases cited9 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Miller v. . MillerNew York Court of Appeals · 1883
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Irving v. FordMassachusetts Supreme Judicial Court · 1903
- Binns v. DazeyIndiana Supreme Court · 1896
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3Cited by19 opinions
- Fuss v. Fuss (No. 1)Massachusetts Supreme Judicial Court · 1977
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Powers v. WilkinsonMassachusetts Supreme Judicial Court · 1987
- P.B.C. v. D.HMassachusetts Supreme Judicial Court · 1985
- Pratt v. DeanMassachusetts Supreme Judicial Court · 1923
14 more not listed; retrieve them via the Exa API.