Legal Opinion

Jewett v. Jewett

Massachusetts Supreme Judicial Court

Decided November 25, 1908PublishedCited by 24 opinions

Bill iít equity, filed in the Supreme Judicial Court on February 12,1908, by George R. Jewett, trustee under the will of Elizabeth Howes, late of Salem, for instructions. The case came on to be heard before JRugg, J., who, at the request of the parties, reserved it upon the pleadings and an agreed statement of facts for determination by the full court.

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Bill iít equity, filed in the Supreme Judicial Court on February 12,1908, by George R. Jewett, trustee under the will of Elizabeth Howes, late of Salem, for instructions. The case came on to be heard before JRugg, J., who, at the request of the parties, reserved it upon the pleadings and an agreed statement of facts for determination by the full court. The will of Elizabeth Howes was dated January 10, 1854, and, omitting the attesting clauses and the signatures of the testatrix and the witnesses, was as follows: “I, Elizabeth Howes, wife of Frederick Howes of Boston, make my will hereby as…

1Opinion of the CourtSheldon, J.

The petitioner holds a trust fund created under the will of Elizabeth Howes. She died in 1859, leaving two daughters and a son, all of whom have now died without issue. The last survivor of these children of Elizabeth Howes was Susan B. Cabot, who died in 1907.

Mrs. Howes by her will gave to her son one fourth of all the residue of her estate. The other three fourths she gave to trustees, with provisions that the income should be paid primarily to her daughters, but, in certain events, in part to her son and in part to the descendants, if any, of her daughters, until the decease of the last…

2Cases cited15 opinions

  1. Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
  2. Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
  3. Heard v. ReadMassachusetts Supreme Judicial Court · 1897
  4. Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
  5. Whall v. ConverseMassachusetts Supreme Judicial Court · 1888

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3Cited by24 opinions

  1. Ware v. MinotMassachusetts Supreme Judicial Court · 1909
  2. Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
  3. Temple v. RussellMassachusetts Supreme Judicial Court · 1925
  4. Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
  5. Himmel v. HimmelIllinois Supreme Court · 1920

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