Legal Opinion

Boston Safe Deposit & Trust Co. v. Nevin

Massachusetts Supreme Judicial Court

Decided May 27, 1912PublishedCited by 14 opinions

Bill in equity, filed in the Supreme Judicial Court on May 11, 1911, by the trustee under the will of Betsey Tirrell late of Weymouth, for instructions. The case was reserved by Braley, J., upon the bill, answers and an agreed statement of facts, for determination by this court. The will of Betsey Tirrell was dated December 22, 1880, and contained three articles. The first article provided for an immediate payment of the debts and funeral expenses of the testatrix.

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Bill in equity, filed in the Supreme Judicial Court on May 11, 1911, by the trustee under the will of Betsey Tirrell late of Weymouth, for instructions. The case was reserved by Braley, J., upon the bill, answers and an agreed statement of facts, for determination by this court. The will of Betsey Tirrell was dated December 22, 1880, and contained three articles. The first article provided for an immediate payment of the debts and funeral expenses of the testatrix. The third article nominated a trustee and executor. The second article was as follows: “ Second. All the rest and residue of my…

1Opinion of the CourtSheldon, J.

Hannah Tirrell having died before the testatrix, the four surviving children of the latter took the residue of her estate in equal shares for their lives, with remainders except as to Alfred Tirrell to their respective children, if any. Upon his decease his share went to his widow for her life. After his death, Mrs. Durrell, another child of the testatrix, died without issue. Thereupon, by the express terms of the second clause of the will, the share of the income which Mrs. Durrell had received went to increase the shares of the other children, or of those who had become entitled to the…

2Cases cited26 opinions

  1. Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
  2. Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
  3. Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
  4. Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
  5. Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888

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

3Cited by14 opinions

  1. Barker v. MonksMassachusetts Supreme Judicial Court · 1944
  2. Whitman v. HuefnerMassachusetts Supreme Judicial Court · 1915
  3. Commissioner of Corporations & Taxation v. BakerMassachusetts Supreme Judicial Court · 1939
  4. Welch v. ColtMassachusetts Supreme Judicial Court · 1917
  5. Mullaney v. MonahanMassachusetts Supreme Judicial Court · 1919

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