Donnell v. Newburyport Homœopathic Hospital
Massachusetts Supreme Judicial Court
Writ of entry by Charles C. Donnell and others, heirs and next of kin of George Donnell, claiming under the will of Joseph Toppan of Newbury against the Newburyport Homceopathic Hospital, the General Charitable Society of Newburyport, and the Society for the Prevention of Cruelty to Animals of Newburyport and vicinity, residuary devisees and legatees under the will of Ann G. Toppan, daughter of Joseph, dated July 17, 1900. In the Superior Court, Pierce, J., found for the…
Read the full summary
Writ of entry by Charles C. Donnell and others, heirs and next of kin of George Donnell, claiming under the will of Joseph Toppan of Newbury against the Newburyport Homceopathic Hospital, the General Charitable Society of Newburyport, and the Society for the Prevention of Cruelty to Animals of Newburyport and vicinity, residuary devisees and legatees under the will of Ann G. Toppan, daughter of Joseph, dated July 17, 1900. In the Superior Court, Pierce, J., found for the demandants and ordered judgment entered for them, and the tenants appealed. The will of Joseph Toppan, omitting the…
1Opinion of the CourtLathrop, J.
The question in this case is: What property passed by the will of Joseph Toppan to his son Joseph L. and to his daughter Ann G., who, with their mother, the testator’s widow, survived him. The son at his father’s death was thirteen years old and the daughter eleven. The testator died seised of four parcels of land. He gave one half of one parcel, on which was his house, to his son Joseph when he should arrive at the age of twenty-one years, and the remaining half at the death of the testator’s widow. He also gave to his son one other parcel. The remaining parcels he gave to his daughter, when…
2Cases cited7 opinions
- Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Whitcomb v. TaylorMassachusetts Supreme Judicial Court · 1877
- Phelps v. BatesSupreme Court of Connecticut · 1886
- Burton v. . ConiglandSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Boynton v. BoyntonMassachusetts Supreme Judicial Court · 1929
- Child v. ChildMassachusetts Supreme Judicial Court · 1904
- Meriden Trust & Safe Deposit Co. v. SquireSupreme Court of Connecticut · 1918
- Young v. Munsey Trust Co.Court of Appeals for the D.C. Circuit · 1940
1 more not listed; retrieve them via the Exa API.