Sherburne v. Sischo
Massachusetts Supreme Judicial Court
Bile in equity, alleging the following facts: Jacob Foss died on June 2,1866. By his will, which was duly admitted to probate, after making many specific devises and bequests, he appointed three persons as executors of his will, and gave them authority to dispose of the remainder of his real and personal estate, stating it to be his wish that the sale of no part of his estate be forced, and none of the same be sacrificed; and that he did not anticipate that the whole could…
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Bile in equity, alleging the following facts: Jacob Foss died on June 2,1866. By his will, which was duly admitted to probate, after making many specific devises and bequests, he appointed three persons as executors of his will, and gave them authority to dispose of the remainder of his real and personal estate, stating it to be his wish that the sale of no part of his estate be forced, and none of the same be sacrificed; and that he did not anticipate that the whole could be disposed of “ under a term of ten years more or less.” The will further provided as follows: “ Thirty-fourth. All the…
1Opinion of the CourtDevens, J.
The question in this case arises on the residuary clause of the testator’s will. By this he bequeathed the residue of his estate to his nephews and nieces, “ in severalty, to share and share alike,” except William A. Foss, his brother Luther’s oldest son. One half of each portion was to be paid by the executors directly to them respectively, or their guardians when they were under age, and the other half of said portions was to form a trust fund for the benefit of said nephews and nieces, the income to be equally divided during their lives. The will then provides as follows : “ At the decease…
2Cases cited1 opinion
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
3Cited by12 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Thissell v. SchillingerMassachusetts Supreme Judicial Court · 1904
- Rhines v. WentworthMassachusetts Supreme Judicial Court · 1911
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