Buffinton v. Maxam
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by Phebe A. I. Buffinton, that the petitioner be appointed trustee under the will of Borden C. Tallman.
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Petition to the Probate Court, by Phebe A. I. Buffinton, that the petitioner be appointed trustee under the will of Borden C. Tallman. The material clauses of the will were the following : “ 1st. To my daughter Harriet I give my half of the farm, together with produce, stock, and farming implements thereon, and the rest and residue of all my property, whether real or personal, of whatever name or nature, for the support of my daughter Caroline E., except the following legacies. “ 2d. To my daughter Phebe Ann I give five dollars. “ 3d. To my daughter Caroline E. I give five dollars.” The judge…
1Opinion of the CourtMorton, C. J.
The will of the testator is inartificial and obscure. He gives to his daughter Harriet one half of the farm, together with produce, stock, and farming implements thereon. The words used impart the gift of a fee or absolute estate to Harriet. By the same words, he bequeaths “ the rest and residue of all my property, whether real or personal, of whatever name or nature, for the support of my daughter Caroline E., except the following legacies.” The residue consists wholly of personal property.
If we assume, in favor of the appellant, that, upon the death of Caroline, she would take an absolute…
2Cited by4 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Cummings v. TolmanMassachusetts Supreme Judicial Court · 1935
- Buffinton v. MaxamMassachusetts Supreme Judicial Court · 1890
- Woodbury v. HaydenMassachusetts Supreme Judicial Court · 1912