Meins v. Pease
Massachusetts Supreme Judicial Court
Bill in equity filed in the Supreme Judicial Court on May 27, 1909, by one who was the executrix of, and trustee and a legatee under the will of Samuel B. Hopkins, late of Boston, the plaintiff’s father, for instructions. The defendants are children of a deceased son of the testator and Charles E. Meins, the plaintiff’s husband.
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Bill in equity filed in the Supreme Judicial Court on May 27, 1909, by one who was the executrix of, and trustee and a legatee under the will of Samuel B. Hopkins, late of Boston, the plaintiff’s father, for instructions. The defendants are children of a deceased son of the testator and Charles E. Meins, the plaintiff’s husband. The will, after providing for the purchase and perpetual care of a burial lot for the interment of the testator, of the plaintiff and her husband and any children that they might have, and of the widow of a deceased son and her children, gave to the plaintiff all the…
1Opinion of the CourtLoring, J.
The first question is whether the husband, having survived the testator, took an indefeasible fee in the Brookline house together with the stable and the absolute interest in the $15,000 as in case of a gift to A. or, if he dies, to B. In such cases it is settled that the alternative gift has reference to A.’s dying during the life of the testator. For a collection of cases on that point see Burdge v. Walling, 18 Stew. 10, and Jones v. Webb, 5 Del. Ch. 132. In our opinion this gift does not admit of being construed to be the equivalent of such an alternative devise or bequest.
The second…
2Cases cited9 opinions
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Brightman v. BrightmanMassachusetts Supreme Judicial Court · 1868
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3Cited by4 opinions
- Langlois v. LangloisMassachusetts Supreme Judicial Court · 1950
- Boston Safe Deposit & Trust Co. v. NortheyMassachusetts Supreme Judicial Court · 1954
- Holmes v. DunningMassachusetts Supreme Judicial Court · 1927
- Old Colony Trust Co. v. SwiftMassachusetts Supreme Judicial Court · 1954