O'Brien v. Lewis
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 6, 1910, and subsequently amended, by the trustee under the will of Joseph Zane, late of Boston, for instructions.
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Bill in equity, filed in the Supreme Judicial Court on May 6, 1910, and subsequently amended, by the trustee under the will of Joseph Zane, late of Boston, for instructions. Among the provisions of the will were the following: “ I give devise and bequeath to John Grace Suman, of Baltimore, Md., my real estate corner of Baltimore and Carey Streets, in said Baltimore, containing about fifteen hundred square feet of land and the buildings thereon, and the sum of twenty thousand dollars, in trust nevertheless, for the uses and purposes following to Wit, the annual income of said real estate and…
1Opinion of the CourtSheldon, J.
The beneficial enjoyment of the real estate and *518the money which were given by the will to John Grace Suman in trust was to be in Joseph Zane for life and then in his daughter Sarah for her life, with remainder in fee to her children if she should leave issue, but if she should die without issue, then to the testator’s heirs at law, discharged of all trusts. If it is apparent from the language used by the testator what interest he intended to give to the children of Sarah Zane, and if his intent can be carried out consistently with the rules of law, we ought so to construe his language as to…
2Cases cited21 opinions
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Boston Safe Deposit & Trust Co. v. StrattonMassachusetts Supreme Judicial Court · 1927
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Whitman v. HuefnerMassachusetts Supreme Judicial Court · 1915
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