Cowdin v. Perry
Massachusetts Supreme Judicial Court
Assumpsit for a legacy. The parties agreed to die following facts. The last will of Asa Perry, dated September 20, 1824, was proved on May 2, 1826 ; at which time Caleb Perry and Bezaleel Lawrence, the defendants, took upon themselves the trust of executors. The testator gives divers legacies of money and specific personal property to his children and to four of his grandchildren.
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Assumpsit for a legacy. The parties agreed to die following facts. The last will of Asa Perry, dated September 20, 1824, was proved on May 2, 1826 ; at which time Caleb Perry and Bezaleel Lawrence, the defendants, took upon themselves the trust of executors. The testator gives divers legacies of money and specific personal property to his children and to four of his grandchildren. In the 8th clause he devises to his grandson Asa H. Perry a tract of land, “ the said Asa H. Perry to have possession of said premises when he arrives at the age of twenty-one years, with all the net proceeds or…
1Opinion of the Court
Shaw C. J.
afterwards drew up the opinion of the Court. All the questions arising in the present case depend upon the construction of the eleventh clause in the will of Asa Perry, though other clauses are resorted to for the purpose of illustration and argument. By that clause he provides substantially as follows, viz. “ I give to my several grandchildren hereafter named, to wit,” &c. enumerating nine grandsons and nine granddaughters, “ all the remainder of my real and personal estate to be equally divided between them.” He then authorizes a sale by the executors, of all his real and personal…
2Cases cited6 opinions
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.