Kemp v. Kemp
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court on October 29, 1915, by the executors of the will of Horace G. Kemp, late of Cambridge, for instructions “as to the proper basis upon which to compute the inheritance tax due the Commonwealth of Massachusetts.”
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Bill in equity, filed in the Probate Court on October 29, 1915, by the executors of the will of Horace G. Kemp, late of Cambridge, for instructions “as to the proper basis upon which to compute the inheritance tax due the Commonwealth of Massachusetts.” In the Probate Court a decree was entered that the estate given to the testator’s widow Edythe M. Kemp was a life estate with a power of disposal to the extent set forth in the will; and that those named in Article 2 of the will took an estate in remainder subject to its being divested by an exhaustion of the estate, for the purposes mentioned…
1Opinion of the CourtCarroll, J.
In the first article of the will of Horace G. Kemp, he gave to his wife the use of and income from all of his estate, “for her support, comfort and enjoyment, and for any other purpose as she in her judgment may deem necessary.” If the income should be insufficient, in her judgment, for her support, comfort and enjoyment, “or for any other purpose for which she may wish to spend money,” the power was given her to sell “any of my estate, real, personal and mixed,” and to spend the proceeds arising from the sale for her support, comfort and enjoyment, or for any purpose she may wish to spend…
2Cases cited20 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crowell v. ChapmanMassachusetts Supreme Judicial Court · 1926
- Bramley v. WhiteMassachusetts Supreme Judicial Court · 1933
- Abbott v. WagnerNebraska Supreme Court · 1922
- Langlois v. LangloisMassachusetts Supreme Judicial Court · 1950
- Mullaney v. MonahanMassachusetts Supreme Judicial Court · 1919
9 more not listed; retrieve them via the Exa API.