Kimball v. Tilton
Massachusetts Supreme Judicial Court
Bill in equity by the trustee under the will of Eliphalet Kimball against Joseph B. Tilton and William Tilton, administrators of the estate of Stephen Tilton, and Eliza A. H. Kimball, widow of Edward R. Kimball and executrix of his will, and administratrix of the estate of Henry T. Kimball.
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Bill in equity by the trustee under the will of Eliphalet Kimball against Joseph B. Tilton and William Tilton, administrators of the estate of Stephen Tilton, and Eliza A. H. Kimball, widow of Edward R. Kimball and executrix of his will, and administratrix of the estate of Henry T. Kimball. The case was reserved, on the bill and answers, by Morton, J., for the consideration of the full court, and was as follows: On January 17, 1850, Eliphalet Kimball made his will, which, after providing for the payment of his debts, funeral expenses and charges of administration, proceeded as follows : “ All…
1Opinion of the CourtEndicott, J.
By the second clause of the will, Edward R. Kimball, upon the decease of his father, took a vested remainder in fee in one third of his father’s estate, the possession of which was postponed until the' death of his mother and his sister Augusta. Is this provision controlled by the proviso which follows it? The proviso looks to two contingencies. The first is, if he shall die before Augusta, “ leaving lawful issue then living, such issue shall take the parent’s share.” It is contended that as he did die before Augusta, leaving a son, that his share never vested, or if it vested was divested by…
2Cases cited1 opinion
- Hill v. BaconMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- O'Brien v. LewisMassachusetts Supreme Judicial Court · 1911
- Gilkie v. MarshMassachusetts Supreme Judicial Court · 1904
- Crossman v. FieldMassachusetts Supreme Judicial Court · 1875
- RaymondMassachusetts Land Court · 1906