Ellis v. Rebecca Fairbanks
Massachusetts Supreme Judicial Court
Two petitions for partition of certain lands in Dedham, owned at the time of her decease by Mary Fairbanks. The case was submitted to the Superior Court on agreed facts, from which it appeared that the question in dispute between the parties was as to what portions the residuary devisees took under the will of Mary Fairbanks.
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Two petitions for partition of certain lands in Dedham, owned at the time of her decease by Mary Fairbanks. The case was submitted to the Superior Court on agreed facts, from which it appeared that the question in dispute between the parties was as to what portions the residuary devisees took under the will of Mary Fairbanks. The clauses of her will material to this question were as follows: “ I give and devise to my three daughters, Prudence, Sarah and Nancy, and to their heirs forever, the dwelling-house in which I now live, and the furniture therein, and the lot of land on which said house…
1Opinion of the CourtField, J.
The construction we put upon the will of Mary Fairbanks is, that it was the intention of the testatrix to give to John Baker, 2d, in trust for Joshua Fairbanks and his heirs, all of her estate, real or personal, which remained after the bequests and devises contained in the preceding clauses of the will had been satisfied. The words “ the remaining two fifths of my estate ” must be construed to mean the remainder of my estate, being two fifths, &c. In accordance with a familiar maxim, the incorrect computation may be rejected, and enough then remains to render certain the devise and bequest…
2Cited by2 opinions
- Will of EhlersWisconsin Supreme Court · 1913
- Rodisch v. MooreIllinois Supreme Court · 1913