Woods v. Gilson
Massachusetts Supreme Judicial Court
Bill in equity by the executrix of the will of John M. E. Gilson, late of Groton, for instructions, filed August 29, 1899. The bill alleged, that John M. E. Gilson died on April 28, 1898, leaving a will dated February 5, 1895, which will was duly proved and allowed June 7, 1898 ; that by the will the testator appointed the plaintiff executrix in the following terms : “ I do hereby nominate and appoint my daughter Fanny E. Woods to be executor of this my last will and…
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Bill in equity by the executrix of the will of John M. E. Gilson, late of Groton, for instructions, filed August 29, 1899. The bill alleged, that John M. E. Gilson died on April 28, 1898, leaving a will dated February 5, 1895, which will was duly proved and allowed June 7, 1898 ; that by the will the testator appointed the plaintiff executrix in the following terms : “ I do hereby nominate and appoint my daughter Fanny E. Woods to be executor of this my last will and testament and to hold in trust the amounts mentioned in one and two of this will for the benefit of my wife and daughter…
1Opinion of the CourtLathrop, J.
1. The questions which first arise in this case are the amount payable to the executors of the will of Mrs. Gilson, under the first clause of the will, how this is to be paid, and whether it is a charge upon the real estate mentioned in the ninth clause of the will.
It is clear that under the first clause the executors of Mrs. Gilson’s estate are entitled to receive the interest of $2,000, at four per cent, from the death of the testator, April 28, 1898, down to the death of Mrs. Gilson on August 9, 1898. The intention of the testator was to create an annuity of $80 a year, and the executors…
2Cases cited15 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Shurtleff v. FrancisMassachusetts Supreme Judicial Court · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moffatt v. HeonMassachusetts Supreme Judicial Court · 1922
- Howe v. HoweMassachusetts Supreme Judicial Court · 1901
- Estate of LuckelCalifornia Court of Appeal · 1957
- Casey v. GenterMassachusetts Supreme Judicial Court · 1931
- Tirrell v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1934
7 more not listed; retrieve them via the Exa API.