Gill v. Attorney General
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Suffolk on August 4,1906, by the executors of the will of Ednah Dow Cheney, late of Boston, for instructions. The testatrix, who was a widow without issue, died on November 19, 1904, leaving certain first cousins as her only-heirs at law and next of kin. Her will and a codicil thereto were proved on December 22, 1904, and the plaintiffs were appointed executors.
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Bill in equity, filed in the Probate Court for the county of Suffolk on August 4,1906, by the executors of the will of Ednah Dow Cheney, late of Boston, for instructions. The testatrix, who was a widow without issue, died on November 19, 1904, leaving certain first cousins as her only-heirs at law and next of kin. Her will and a codicil thereto were proved on December 22, 1904, and the plaintiffs were appointed executors. After disposing by her will and codicil of a large part of her estate, the testatrix in the sixth clause of the codicil provided as follows: “ Sixth: I appoint Mary Cheney,…
1Opinion of the CourtLoring, J.
1. We are of opinion that the word “charitable ” in the residuary clause must be taken to qualify “ persons ” and “ objects” as well as “ institutions.” See in this connection Hooper v. Shaw, 176 Mass. 190; Suter v. Hilliard, 132 Mass. 412; Schleicher’s estate, 201 Penn. St. 612; Wilkinson v. Lindgren, L. R. 5 Ch. 570; Baker v. Sutton, 1 Keen, 224; Fox v. Gibbs, 86 Maine, 87.
*236It is the contention of the next of kin that even if that is so the gift is void. Their contention is that a charitable person means a person devoted to charity. And it must be conceded that if that is what the words…
2Cases cited7 opinions
- Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Minot v. BakerMassachusetts Supreme Judicial Court · 1888
- Hooper v. ShawMassachusetts Supreme Judicial Court · 1900
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dodge v. Anna Jaques HospitalMassachusetts Supreme Judicial Court · 1938
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Bowden v. BrownMassachusetts Supreme Judicial Court · 1908
- Bowditch v. Attorney GeneralMassachusetts Supreme Judicial Court · 1922
13 more not listed; retrieve them via the Exa API.