Foster v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, by the executor of the will of Eleanor Perry against Ella P. Smith, the next of kin of the administratrix, the administrator de bonis non with the will annexed of James Perry, the administratrix’s husband, and certain legatees under his will. The case was heard by Knowlton, J., who reported it for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The case involves the construction of the will of Eleanor Perry, who died in 1889, and incidentally the will of her husband, James Perry, who died in 1876. Mrs. Perry’s heirs at law and next of kin were two brothers, a sister, and the four children of a deceased brother. Her estate consisted of about $3,600 in money and securities, and an undivided fifth of certain lands which came to her from her father and mother; of about $9,700 in money and securities, and seven parcels of land, which she took under the will of her husband; of about *381$965 in money and securities, which she had herself…
2Cases cited2 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Warren v. GreggMassachusetts Supreme Judicial Court · 1874
3Cited by18 opinions
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Moffatt v. HeonMassachusetts Supreme Judicial Court · 1922
- Cornwell v. WulffSupreme Court of Missouri · 1899
- Knight v. KnightMassachusetts Supreme Judicial Court · 1894
- Frost v. HunterMassachusetts Supreme Judicial Court · 1942
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