Legal Opinion

Thompson v. Thornton

Massachusetts Supreme Judicial Court

Decided February 25, 1908PublishedCited by 35 opinions

Bill in equity, filed in the Probate Court for the county of Middlesex on December 6, 1906, by the executor of the will of Isaac H. Burditt, for instructions. In the Probate Court the case was submitted to Mclntire, J., upon an agreed statement of facts.

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Bill in equity, filed in the Probate Court for the county of Middlesex on December 6, 1906, by the executor of the will of Isaac H. Burditt, for instructions. In the Probate Court the case was submitted to Mclntire, J., upon an agreed statement of facts. He made a decree ordering that the funds in the hands of the executor, amounting to $8,378.91, be distributed among certain persons named in the proportions there stated, as being the relatives of the deceased by right of representation under the statutes of this Commonwealth. Augusta Thornton, one of the respondents, appealed, stating, as…

1Opinion of the CourtRtJGG, J.

The question to be determined is the distribution of the residuary estate of Isaac H. Burditt, who died in April, 1903, at the age of seventy-nine years. The next of kin are twelve nephews and nieces and seven grandnephews and nieces, the issue ‘of the two deceased nieces, all being the descendants of one brother and two sisters of the testator. His son, Isaac F., mentioned in the will and living at the time it was executed, predeceased the testator. The prefatory clause of the will shows a plain intent to dispose of all his property. The only other clause now material is as follows: “All the…

2Cases cited5 opinions

  1. Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
  2. Allen v. BoardmanMassachusetts Supreme Judicial Court · 1906
  3. Bates v. DewsonMassachusetts Supreme Judicial Court · 1880
  4. Balch v. StoneMassachusetts Supreme Judicial Court · 1889
  5. McGreevy v. McGrathMassachusetts Supreme Judicial Court · 1890

3Cited by35 opinions

  1. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  2. Middleton v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1934
  3. In Re Estate of TrickettCalifornia Supreme Court · 1925
  4. Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
  5. Clark v. CampbellSupreme Court of New Hampshire · 1926

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