Olney v. Lovering
Massachusetts Supreme Judicial Court
Bill in equity, filed August 19, 1895, by the surviving trustee under the will of Joseph Lovering, to obtain the instructions of the court as to the construction of the will.* Hearing before Lathrop, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the Court
The words “ children or legal representatives ” should be interpreted to mean “ heirs at law.” The testator intended that the same form of distribution should be applied to personalty and realty, and selected a mode of intestate succession to land as that on which to model his disposition of all the property disposed of by the paragraph of the will in question.
It nowhere appears that the testator intended that the statutes of the Commonwealth, and not the general laws of descent, should apply; as in White v. Stanfield, 146 Mass. 424.
*447But if the court should hold that this property is to be…
2Cases cited10 opinions
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Fabens v. FabensMassachusetts Supreme Judicial Court · 1886
- Howland v. SladeMassachusetts Supreme Judicial Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
13 more not listed; retrieve them via the Exa API.