Dickson v. United States
Massachusetts Supreme Judicial Court
Bill in equity filed April 4, 1877, by the executors of the will of John Gardner of Boston, who died March 16, 1876, against the United States and the heirs at law of the testator, to obtain the instructions of the court as to the validity and effect of the residuary clause in a will dated January 17, 1862, and admitted to probate April 17, 1876, by which the testator-after making certain legacies and providing for the payment of certain annuities, provided as follows : “…
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Bill in equity filed April 4, 1877, by the executors of the will of John Gardner of Boston, who died March 16, 1876, against the United States and the heirs at law of the testator, to obtain the instructions of the court as to the validity and effect of the residuary clause in a will dated January 17, 1862, and admitted to probate April 17, 1876, by which the testator-after making certain legacies and providing for the payment of certain annuities, provided as follows : “ Fifth. Wishing to contribute my mite towards suppressing the rebellion and restoring the Union, I give and devise the rest…
1Opinion of the CourtGray, C. J.
The single question in this case is whether the residuary devise and bequest to the United States of America is valid; and upon this question, after full examination of the authorities cited in the learned argument for the heirs at law and next of kin, we can have no doubt.
The introductory clause of this devise and bequest merely expresses the motive of the testator, and in no way defines or limits the purposes to which the property may be applied by the dey • isee.
In England, bequests for the benefit of the country, or for the payment of the national debt, have always been held valid.…
2Cases cited13 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- United States v. FoxSupreme Court of the United States · 1877
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- United States v. HodsonSupreme Court of the United States · 1870
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Thorp v. LundMassachusetts Supreme Judicial Court · 1917
- Estate of BurnisonCalifornia Supreme Court · 1949
20 more not listed; retrieve them via the Exa API.