Legal Opinion

Maynard v. Cleaves

Massachusetts Supreme Judicial Court

Decided May 11, 1889PublishedCited by 21 opinions

Bill in equity, under the Pub. Sts. c. 151, § 1, cl. 11, filed in the Superior Court, to reach and apply, in payment of a debt due to the plaintiff from the first named defendant, her interest in the estate of her husband, Nathaniel Cleaves, held by the other defendant, Henry S. Bean, as the executor of his will. At the hearing, before Pitman, J., the following facts appeared.

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Bill in equity, under the Pub. Sts. c. 151, § 1, cl. 11, filed in the Superior Court, to reach and apply, in payment of a debt due to the plaintiff from the first named defendant, her interest in the estate of her husband, Nathaniel Cleaves, held by the other defendant, Henry S. Bean, as the executor of his will. At the hearing, before Pitman, J., the following facts appeared. The will, which was dated October 4, 1878, and was admitted to probate on October 18, 1880, omitting the parts merely formal, was as follows: “1. I give and bequeath to my beloved wife, Lucy Ann Cleaves, for and during…

1Opinion of the CourtMorton, C. J.

By his will Nathaniel Cleaves gives to his “ wife, Lucy Ann Cleaves, for and during her life, the use, income, and benefit of all my estate, both personal and real, and wherever the same may be found or located at the time of my decease; to be for her comfort and support, and I trust that she will make suitable provisions for the support of our daughter, Mary Theresa Cleaves, if unmarried. It is my desire that the house and grounds, No. 567 Dudley Street, in said Boston, now occupied by me, shall be kept as a home for them.”

The question in this case is, whether the interest of Lucy Ann…

2Cases cited4 opinions

  1. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
  2. Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
  3. Baker v. BrownMassachusetts Supreme Judicial Court · 1888
  4. Foster v. FosterMassachusetts Supreme Judicial Court · 1882

3Cited by21 opinions

  1. Booe v. VinsonSupreme Court of Arkansas · 1912
  2. Kessner v. PhillipsSupreme Court of Missouri · 1905
  3. Hutchinson v. MaxwellSupreme Court of Virginia · 1902
  4. Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
  5. Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916

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