Gibbens v. Gibbens
Massachusetts Supreme Judicial Court
Bill in EQUITY, by the administrator with the will annexed of the estate of Daniel L. Gibbens, to obtain the instructions of the court as to the construction of the will. Hearing before Devens, J., who reserved the following case for the consideration of the full court.
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Bill in EQUITY, by the administrator with the will annexed of the estate of Daniel L. Gibbens, to obtain the instructions of the court as to the construction of the will. Hearing before Devens, J., who reserved the following case for the consideration of the full court. The will of Daniel L. Gibbens, who died on August 16, 1853, contained the following provisions : “ I give to my wife, Mary B. Gibbens, the use of all my household furniture, plate, pictures, boobs, and utensils; also all the family stores, which shall be in the house at the time of my decease, and destined for family…
1Opinion of the CourtC. Allen, J.
The only clause of the will under which any question arises is the following: “ At the decease of my wife, all my estate, real and personal, shall go to and be equally divided among my children, the issue of a deceased child standing in the place of the parent.” Other portions of the will are referred to merely as they may aid in showing the intention of the testator in using the above language.
While the meaning of the testator is certainly open to some doubt, which has been shown with much ingenuity and force in *104the argument, we are of the opinion, on the whole, that the case falls within…
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