Weber v. Bryant
Massachusetts Supreme Judicial Court
Bill in equity, filed December 13, 1893, by the plaintiff, as one of the next of kin and as assignee of the remaining next of kin of Frederick S. Weber, against the trustees and executors under the will of Frederick E. Weber, seeking to have the.residuary clause thereof declared void, and to have it adjudged that, as to the portion of the testator’s estate not specifically bequeathed or devised he died intestate, and to have such residue held for the benefit of his next of…
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Bill in equity, filed December 13, 1893, by the plaintiff, as one of the next of kin and as assignee of the remaining next of kin of Frederick S. Weber, against the trustees and executors under the will of Frederick E. Weber, seeking to have the.residuary clause thereof declared void, and to have it adjudged that, as to the portion of the testator’s estate not specifically bequeathed or devised he died intestate, and to have such residue held for the benefit of his next of kin. The residuary clause of the will is as follows: “ If, after all the aforesaid legacies and annuities are fully…
1Opinion of the CourtHolmes, J.
The plaintiff represents the next of kin of Frederick E. Weber, and brings this bill for the residue of his estate. The bill goes on the footing that the will attempts to dispose of the residue upon a trust set forth, and that the trust is void. At the argument, a suggestion was made that no property was given to his trustees beyond what was necessary to pay certain legacies, which were to be paid through the hands -of trustees.
We see no ground for this suggestion. Certain legacies are to be paid by the executors as soon as reasonably may be,* and *402then “ all property which may remain after…
2Cases cited1 opinion
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
3Cited by20 opinions
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- In Re Estate of TooleyCalifornia Supreme Court · 1915
- Thorp v. LundMassachusetts Supreme Judicial Court · 1917
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
- Bramley v. WhiteMassachusetts Supreme Judicial Court · 1933
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