Chase v. Chase
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the executrix of the will of Lewis H. Chase, who died in February 1881, leaving a will, which contained the following clauses: “First. I give the sum of one thousand dollars to my wife, Martha C. B. Chase, as trustee, upon the trust to pay the principal and accrued interest thereon to my son, Merrill B. Chase, when he shall have arrived to the age of twenty-one years. Second.
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Petition to the Probate Court, by the executrix of the will of Lewis H. Chase, who died in February 1881, leaving a will, which contained the following clauses: “First. I give the sum of one thousand dollars to my wife, Martha C. B. Chase, as trustee, upon the trust to pay the principal and accrued interest thereon to my son, Merrill B. Chase, when he shall have arrived to the age of twenty-one years. Second. I give and bequeath the use, income and improvement of all the remainder of my estate, real or personal, of whatever name or nature, of which I may be possessed at the time of my…
1Opinion of the CourtC. Allen, J.
Ordinarily, an unqualified gift of the use, income and improvement of personal estate vests an absolute interest. Adamson v. Armitage, 19 Ves. 416. Blann v. Bell, 5 DeG. & Sm. 658. Hatch v. Bassett, 52 N. Y. 359. Theobald’s Law of Wills (2d ed.) 374. 4 Kent Com. 536, n. It is true that this rule may be controlled, if a different intention appears; but this will does not show a different intention. There is no gift over. A partial intestacy is not favored. Given v. Hilton, 95 U. S. 591. Pub. Sts. c. 127, § 24. The *475testator apparently meant to give only one thousand dollars for the direct…
2Cases cited2 opinions
- Given v. HiltonSupreme Court of the United States · 1877
- Hatch v. . BassettNew York Court of Appeals · 1873
3Cited by15 opinions
- Dana v. DanaMassachusetts Supreme Judicial Court · 1904
- Bragg v. LitchfieldMassachusetts Supreme Judicial Court · 1912
- Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
- Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947
- Thissell v. SchillingerMassachusetts Supreme Judicial Court · 1904
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