Towle v. Delano
Massachusetts Supreme Judicial Court
Petition in equity, filed June 7, 1879, under the St. of 1879, e. 125, by the executors of the will of David Miller, for the sale of certain lands for the payment of the charges and annuities created by the will of William Miller, the residuary clause of which was as follows: “ Fifth.
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Petition in equity, filed June 7, 1879, under the St. of 1879, e. 125, by the executors of the will of David Miller, for the sale of certain lands for the payment of the charges and annuities created by the will of William Miller, the residuary clause of which was as follows: “ Fifth. I give, devise, and bequeath all the rest, residue, and remainder of my estate, real, personal, or mixed, of which I shall be seised and possessed, or to which I shall be entitled at the time of my decease, to my said brother David Miller, to have and to hold the same to him, the said David Miller, his heirs and…
1Opinion of the CourtDeyens, J.
The argument for the respondents Maria D. Miller and Mrs. Moore properly concedes that, without reference to other parts of the will, it might be urged that the clause relating to the daughters of the testator made no provision for them except during the lifetime of the mother. The residuum of the estate is devised and bequeathed to David Miller, upon the condition and subject to the charge of paying to the mother an income of $200 “ during her life,” to each of the daughters a certain income “ so long as both they and their said mother shall all live; ” and it then provides that, “ upon the…
2Cases cited2 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Lovering v. LoveringMassachusetts Supreme Judicial Court · 1880
3Cited by7 opinions
- Polsey v. NewtonMassachusetts Supreme Judicial Court · 1908
- Commissioner of Corporations & Taxation v. BullardMassachusetts Supreme Judicial Court · 1943
- Child v. ChildMassachusetts Supreme Judicial Court · 1904
- Siders v. SidersMassachusetts Supreme Judicial Court · 1897
- Cashman v. BangsMassachusetts Supreme Judicial Court · 1909
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