Balcom v. Haynes
Massachusetts Supreme Judicial Court
Bill in equity by the administrator de bonis non, with the will annexed, of the estate of Asahel Haynes, seeking instructions as to the proper mode of distributing the estate. The only material clauses of the will were the third and sixth, which were as follows: “ Thirdly, I give and bequeath to the heirs of my sister, Lydia Walkup, seven hundred dollars.
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Bill in equity by the administrator de bonis non, with the will annexed, of the estate of Asahel Haynes, seeking instructions as to the proper mode of distributing the estate. The only material clauses of the will were the third and sixth, which were as follows: “ Thirdly, I give and bequeath to the heirs of my sister, Lydia Walkup, seven hundred dollars. “ Sixthly, I give and devise to my brothers, John W. Haynes, Amos Haynes and Charles Haynes, and my sisters, Susan Boyd, wife of Stephen Boyd, Ruth Boyd, wife of Warren Boyd, and the heirs of Lydia Walkup, and their heirs respectively, all…
1Opinion of the CourtGray, J.
It is well established as a general rule of the construction of wills, that by a gift either to the children of several persons, or to a person described as standing in a certain relation to the testator and the children of another person standing in the same relation, the objects of the gift take per capita and not per stirpes ; and therefore in the latter case each child of the second person takes a share equal to the share of the first person. But this, like some other general rules for the construction of wills, has perhaps been adopted and adhered to by the courts rather from the…
2Cited by6 opinions
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Dollander v. DhaemersIllinois Supreme Court · 1921
- Rowley v. CurrieNew Jersey Court of Chancery · 1923
- Laisure v. RichardsIndiana Court of Appeals · 1913
- In re the Estate of ParantNew York Surrogate's Court · 1963
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