Schouler
Massachusetts Supreme Judicial Court
Petition in equity, by the administrator, with the will annexed, of the estate of Catharine Powers, for the construction of said will. Notice was ordered by publication to all persons interested under said will. The only persons who appeared were the Attorney General, in behalf of the Commonwealth, claiming title by escheat, and Archbishop Williams, who had been appointed trustee. Hearing before Q. Allen, J., who reserved the case for the consideration of the full court.
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Petition in equity, by the administrator, with the will annexed, of the estate of Catharine Powers, for the construction of said will. Notice was ordered by publication to all persons interested under said will. The only persons who appeared were the Attorney General, in behalf of the Commonwealth, claiming title by escheat, and Archbishop Williams, who had been appointed trustee. Hearing before Q. Allen, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The will we are called upon to construe, written by an illiterate person, is as follows: “ Boston, Sept. 27, 1857. I the undersigned do authorize the ítev. Thos. Lynch to withdraw the contents of my bank book $>250.y^6-0- no. 93343. *427The Provident Institution for Savings in the town of Boston after my death being of sound mind, memory and understanding. Said money to be disposed of as follows, part for my burial and funeral expenses and the residue for charitable purposes, masses, &c.” If we disregard the punctuation, and supply a few words accidentally omitted, the main intention of the…
2Cases cited1 opinion
- Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
3Cited by37 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Gilman v. . McArdleNew York Court of Appeals · 1885
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Minot v. BakerMassachusetts Supreme Judicial Court · 1888
- In Re the Accounting of MorrisNew York Court of Appeals · 1919
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