Welsh v. Woodbury
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of Lydia Hobbs, against the administrator de bonis non, with the will annexed, of the estate of Aaron Jacks, to recover the amount of a legacy given to said Lydia by the will.
Read the full summary
Contract, by the administrator of the estate of Lydia Hobbs, against the administrator de bonis non, with the will annexed, of the estate of Aaron Jacks, to recover the amount of a legacy given to said Lydia by the will. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows: The plaintiff was duly appointed administrator of the estate of Lydia Hobbs, widow, on November 1, 1886. The defendant was duly appointed administrator de bonis non, with the will annexed, of the estate of Aaron Jacks, on…
1Opinion of the CourtHolmes, J.
The testator’s wife, Mary Jacks, took a life estate coupled with a power, and the limitation to his sister, Lydia Hobbs, was valid. Ayer v. Ayer, 128 Mass. 575, 577. Smith v. Snow, 123 Mass. 323. Kuhn v. Webster, 12 Gray, 3. The suggestion which has been made, that it is hard to distinguish between enjoyment for life with absolute power of disposition, and absolute ownership, Bradly v. Westcott, 13 Ves. 445, 451, is met by these cases, and by the testator’s clear expression of his intent to give an estate for life only. See also Kelley v. Meins, 135 Mass. 231, 234; Anon. 3 Leon. 71, pl. 108;…
2Cases cited7 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
- Johnson v. BattelleMassachusetts Supreme Judicial Court · 1878
- Ayer v. AyerMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
23 more not listed; retrieve them via the Exa API.