Wainwright v. Tuckerman
Massachusetts Supreme Judicial Court
Bill in equity by the executors of the will of Rebecca Lee, to obtain the instructions of the court. The will was dated July 25,1867, and contained, besides other provisions not material to be stated, the following: “ 16. I give and bequeath to John F. Tuckerman the sum of five thousand dollars, to hold to him, his executors, administrators and assigns, in trust that, he and they shall keep the same invested in some safe manner likely to yield a regular income, and shall pay…
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Bill in equity by the executors of the will of Rebecca Lee, to obtain the instructions of the court. The will was dated July 25,1867, and contained, besides other provisions not material to be stated, the following: “ 16. I give and bequeath to John F. Tuckerman the sum of five thousand dollars, to hold to him, his executors, administrators and assigns, in trust that, he and they shall keep the same invested in some safe manner likely to yield a regular income, and shall pay the net income thereof, as it accrues, to his brother S. Salisbury Tuckerman, during said Salisbury’s natural life, and…
1Opinion of the CourtGray, C. J.
When legacies are given by different instruments, the general rule is that the second is to be treated as additional to the first, in the absence of anything signifying a different intention; but in this, as in all other questions of construction of testamentary instruments, the apparent intention of the testator must be the guide of the court. These elementary rules are generally recognized. It is sufficient to refer to a few cases of the highest authority. Hooley v. Hatton, 1 Bro. Ch. 390, note ; S. C. 2 Dick. 461 ; Lofft, 122. Coote v. Boyd, 2 Bro. Ch. 521. James v. Semmens, 2 H. Bl. 213.…
2Cited by9 opinions
- Blakeslee v. PardeeSupreme Court of Connecticut · 1903
- Gould v. ChamberlainMassachusetts Supreme Judicial Court · 1903
- Loomis v. GorhamMassachusetts Supreme Judicial Court · 1904
- Southgate v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- BatesMassachusetts Supreme Judicial Court · 1893
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