Legal Opinion

Chase v. Ladd

Massachusetts Supreme Judicial Court

Decided January 12, 1891PublishedCited by 28 opinions

Bill in equity, by the administrator de bonis non with the will annexed of Thomas H. Chase, against the executor of the will of Ann L. Chase and the Danvers Savings Bank, to secure the payment of a deposit alleged to belong to the estate of Thomas H. Chase. The case was reserved by Revens, J., on bill and demurrer, for the consideration of the full court, and was as follows.

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Bill in equity, by the administrator de bonis non with the will annexed of Thomas H. Chase, against the executor of the will of Ann L. Chase and the Danvers Savings Bank, to secure the payment of a deposit alleged to belong to the estate of Thomas H. Chase. The case was reserved by Revens, J., on bill and demurrer, for the consideration of the full court, and was as follows. The will of Thomas H. Chase, who died on January 3, 1869, after providing for the payment of debts and funeral charges, omitting parts merely formal, was as follows: “ Second. All the rest and residue of my estate, real,…

1Opinion of the CourtField, C. J.

The principal differences between this case and Joslin v. Rhoades, 150 Mass. 301, are that the devise in Joslin v. Rhoades is to the wife and “ her heirs and assigns forever,” and in the present case it is to the wife, “ to her use and behoof forever,” and that in Joslin v. Rhoades there is no express or implied restriction upon the right or power of the devisee to dispose of the *128estate unless it is to be inferred from the “ condition that, if any portion of my said estate should remain in the possession of my said wife at the time of her decease, such remainder shall be divided ” as…

2Cases cited6 opinions

  1. Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
  2. Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
  3. Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
  4. Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
  5. Schmaunz v. GössMassachusetts Supreme Judicial Court · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Hardy v. MayhewCalifornia Supreme Court · 1910
  2. Law v. DouglassSupreme Court of Iowa · 1899
  3. Mansfield v. SheltonSupreme Court of Connecticut · 1896
  4. Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
  5. Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897

23 more not listed; retrieve them via the Exa API.

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