Taggard v. Piper
Massachusetts Supreme Judicial Court
Bill nr equity by the executors of the will of Solomon Piper, against Mary E. Piper, his widow, William T. Piper, his son, Susan E. Taggard and Sarah H. Stratton, his daughters, and their respective children, to obtain the instructions of the court. The will of the testator contained the following clauses : “ Twelfth.
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Bill nr equity by the executors of the will of Solomon Piper, against Mary E. Piper, his widow, William T. Piper, his son, Susan E. Taggard and Sarah H. Stratton, his daughters, and their respective children, to obtain the instructions of the court. The will of the testator contained the following clauses : “ Twelfth. In case my son William T. Piper should decease leaving no issue nor father and no brother nor sister living at his death, the property and estate bequeathed and devised to him in and by this my last will, and otherwise received by him from me, if any, shall descend in equal…
1Opinion of the CourtEndicott, J.
By the thirteenth clause of the will, William T. Piper is entitled to receive one third of the residue of the testator’s estate.. By the twelfth clause, it is provided that if he shall decease leaving no issue, nor father, and no brother or sister living, the property bequeathed to him by the will shall descend in equal shares to his mother, and the children of any deceased brother or sister, by right of representation.
This bill is brought by the executors for instructions; and the question raised is, whether the executors shall pay over to William T. Piper one third of the personal property…
2Cited by17 opinions
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Flanagan v. FlanaganNew York Supreme Court · 1880
- Proctor v. RobinsonMichigan Supreme Court · 1877
- Schmaunz v. GössMassachusetts Supreme Judicial Court · 1882
- Thissell v. SchillingerMassachusetts Supreme Judicial Court · 1904
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