Warren v. Gregg
Massachusetts Supreme Judicial Court
Bill in equity by tbe trustees, who were also administrators with the will annexed, of Samuel Gregg, against the widow and heirs at law of the testator, to obtain the instructions of the court The will of the testator, which was dated October 27, 1871, after declaring that his lawful debts should be paid, provided as follows : “ Second.
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Bill in equity by tbe trustees, who were also administrators with the will annexed, of Samuel Gregg, against the widow and heirs at law of the testator, to obtain the instructions of the court The will of the testator, which was dated October 27, 1871, after declaring that his lawful debts should be paid, provided as follows : “ Second. I give and bequeath to my beloved wife, Sophronia Carter, $1200 annually, from the proceeds of my estate, real and personal, (except what may be hereinafter mentioned as reserve,) as her dower. The said property to be held in trust, and said annuity to be paid…
1Opinion of the CourtGray, C. J.
Upon a view of all the provisions of this ill drawn and obscure will, we concur in opinion with the justice by whom the cause was heard, that the testator intended that his widow should receive a clear annual sum of $1200 out of his estate, whether the income of his property (excluding what he directed to be reserved) should be sufficient, or it should be necessary to apply part of the principal for that purpose; and that she should have the right to the use of so much of the furniture of any description as she might select. The oral declarations of the testator are clearly inadmissible to…
2Cited by7 opinions
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Foster v. SmithMassachusetts Supreme Judicial Court · 1892
- Tuxbury v. FrenchMichigan Supreme Court · 1879
- Peck v. KinneyCourt of Appeals for the Second Circuit · 1905
- Lydon v. CampbellMassachusetts Supreme Judicial Court · 1910
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