Valentine v. Borden
Massachusetts Supreme Judicial Court
Bill in equity, filed July 6, 1868, by William Valentine, a eon of William and Martha A. Valentine, grandson of James Valentine, and great-grandson of William Valentine, setting forth that his said great-grandfather died in July 1839, leaving a will which was duly proved and allowed in the probate court. for Bristol, and a copy of which was annexed to the bill, the material parts thereof for the purposes of this case being as follows: After providing, in the first three…
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Bill in equity, filed July 6, 1868, by William Valentine, a eon of William and Martha A. Valentine, grandson of James Valentine, and great-grandson of William Valentine, setting forth that his said great-grandfather died in July 1839, leaving a will which was duly proved and allowed in the probate court. for Bristol, and a copy of which was annexed to the bill, the material parts thereof for the purposes of this case being as follows: After providing, in the first three articles, for the payment of his debts and certain legacies, the testator, in the fourth article, gave the residue of his…
1Opinion of the CourtHoar, J.
The able and exhaustive arguments which have been addressed to us in this case have fully satisfied the court with a conclusion which we might perhaps have found no great difficulty in reaching.
1. It is clear that the provisions in the eighth article of the will of William Valentine have reference only to the bequests to the descendants of his sister Abigail Webster; and, as the contingency on which the bequest of the residue to those descendants depended did not happen, the questions presented in this suit are not affected by that article.
2. By the third clause of the fourth article of the…
2Cited by2 opinions
- Powers v. MorrisonTexas Supreme Court · 1895
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899