Deane v. Home for Aged Colored Women
Massachusetts Supreme Judicial Court
Bill in equity by Charles Deane and George C. Lord, executors of the will of Robert Waterston, against the Home for Aged Colored Women, the Association for the Relief of Aged, Indigent Females, the American Bible Society, the Massachusetts Bible Society, the Massachusetts Radical Peace Society and the American Peace Society, praying for instructions as to the disposal of certain legacies.
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Bill in equity by Charles Deane and George C. Lord, executors of the will of Robert Waterston, against the Home for Aged Colored Women, the Association for the Relief of Aged, Indigent Females, the American Bible Society, the Massachusetts Bible Society, the Massachusetts Radical Peace Society and the American Peace Society, praying for instructions as to the disposal of certain legacies. The bill alleged that the testator left a will, the material clauses of which were as follows: “ Thirteenth, to the following societies, to wit, the Benevolent Fraternity of Churches in Boston, the Home for…
1Opinion of the CourtChapman, C. J.
We must regard it as a general rule established by the authorities cited by the defendants’ counsel that whenever a testator has expressed himself so ambiguously as to make it necessary for his executors to come to this court, the costs should be paid out of the general assets. This case comes within the general rule. Decree accordingly.
2Cited by12 opinions
- In Re Living Trust Created by AtwoodSupreme Court of Minnesota · 1949
- BartlettMassachusetts Supreme Judicial Court · 1895
- Morse v. StearnsMassachusetts Supreme Judicial Court · 1881
- Atwood v. HolmesSupreme Court of Minnesota · 1949
- Dexter v. JacksonMassachusetts Supreme Judicial Court · 1923
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