Potter v. Merrill
Massachusetts Supreme Judicial Court
Bill in equity, by the executors of' the will of Edward Merrill, to obtain the instructions of the court as to the construction of a codicil to the will. The case was heard by Holmes, «7., and reserved for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The testator left six children. To five of them he had made advancements in his lifetime, differing much in amounts. To one, he had made no advancement. The will contains a clear expression of the testator’s wish to do equally by all his children; but it contains no suggestion, direct or remote, ■ of grandchildren, or of his children’s heirs, or of attaching any trust to the bequests to his children. Sixteen days after the execution of the will, the codicil was executed, which contains the provision out of which the question now arises. This provision is, “ All sums of money given to my…
2Cases cited1 opinion
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Avery v. Nordyke & Marmon Co.Indiana Court of Appeals · 1904
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Ricketson v. MerrillMassachusetts Supreme Judicial Court · 1888