Barlow v. Nelson
Massachusetts Supreme Judicial Court
Tort, for conversion. The amended second count set forth that Rufus Barlow and Ann Barlow duly qualified as the executors of the will of Edmund Barlow; that the entire estate came into the possession of Ann, who was the widow of the testator; that she used the same, so far as the one half bequeathed to her, as to her seemed best; that the other' one half, the same being in her possession, she did not use during her lifetime, and did not need for her good and satisfactory…
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Tort, for conversion. The amended second count set forth that Rufus Barlow and Ann Barlow duly qualified as the executors of the will of Edmund Barlow; that the entire estate came into the possession of Ann, who was the widow of the testator; that she used the same, so far as the one half bequeathed to her, as to her seemed best; that the other' one half, the same being in her possession, she did not use during her lifetime, and did not need for her good and satisfactory support; that in 1891 the said Ann Barlow deceased; and that after her husband’s decease, and until her decease, she lived…
1Opinion of the CourtLathrop, J.
1. The demurrer to the amended second count was rightly sustained. If we assume, in favor of the plaintiffs, that they are the persons named in the fourth clause of the will, or their representatives, the gift to them after the death of the widow of the testator is not a joint gift.
In Whiting v. Cook, 8 Allen, 63, where a testator bequeathed to his daughter a sum of money, with directions that the same should remain in the hands of his executor, to be paid to his daughter from time to time, and further provided that, if she should die before the whole sum was paid to her, the portion…
2Cases cited10 opinions
- George v. ReedMassachusetts Supreme Judicial Court · 1869
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
- Winch v. HosmerMassachusetts Supreme Judicial Court · 1877
- Buckland v. GreenMassachusetts Supreme Judicial Court · 1882
- Silver v. JordanMassachusetts Supreme Judicial Court · 1885
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3Cited by8 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Lyman Loring Brooks v. GregoryMassachusetts Supreme Judicial Court · 1934
- Means v. LeveroniMassachusetts Supreme Judicial Court · 1937
- Fay v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Henri Peladeau, Lte. v. Fred Gillespie Lumber Co.Massachusetts Supreme Judicial Court · 1933
3 more not listed; retrieve them via the Exa API.