Perkins v. Coughlan
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the administrator with the will annexed of the estate of Samuel Reed, for the construction of the will. The material clauses of the will were the following: “7th.
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Petition to the Probate Court, by the administrator with the will annexed of the estate of Samuel Reed, for the construction of the will. The material clauses of the will were the following: “7th. My will is, that my outlands not herein named shall be sold, and the proceeds, together with my personal property (not specified), shall go to the payment of all my debts and legacies, and if that should be insufficient, so much of the sawmill pasture shall be sold as shall be necessary. “ 8th. I give and bequeath to my wife all my personal property that may remain after the payment of my debts and…
1Opinion of the CourtMorton, C. J.
The only question presented to us depends upon the construction of the seventh clause in the will of the testator, which is as follows: “ My will is, that my outlands not herein named shall be sold, and the proceeds, together with my personal property (not specified), shall go to the payment of all my debts and legacies, and if that should be insufficient, so much of the saw-mill pasture shall be sold as shall be necessary.”
The question is, whether the real estate designated as “ out-lands ” is to be regarded as constructively converted into personal property at the time of his death, so that…
2Cases cited1 opinion
- Hammond v. PutnamMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Baker v. Commissioner of Corp. & TaxationMassachusetts Supreme Judicial Court · 1925
- Thissell v. SchillingerMassachusetts Supreme Judicial Court · 1904
- Griffith v. WittenSupreme Court of Missouri · 1913
- May v. BrewsterMassachusetts Supreme Judicial Court · 1905
- Gilbreath v. CosgroveMissouri Court of Appeals · 1916
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