Legal Opinion

Goddard v. Whitney

Massachusetts Supreme Judicial Court

Decided September 4, 1885PublishedCited by 9 opinions

Bill in equity, filed September 16, 1882, by the trustee under the will of Samuel Goddard, prayipg for instructions as to the construction of the will.

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Bill in equity, filed September 16, 1882, by the trustee under the will of Samuel Goddard, prayipg for instructions as to the construction of the will. The case as it appeared from the bill and answers, on which it was reserved by Holmes, J., for the consideration of the full court, was as follows: Samuel Goddard made a- will in 1865, which was admitted to probate in April, 1871, by the first clause of which he gave to his wife his estate in Brookline, consisting of a house, land, and furniture, for her life; and “ at her death said estate shall be divided equally among her immediate…

1Opinion of the CourtDeyens, J.

The will concerning which instructions are asked has been once before this court. Goddard v. May, 109 Mass. 468. William D. Goddard having died during the lifetime of his father, it was necessary then to determine whether the legacies of principal and income of the share directed to be set apart for him had lapsed by his death without issue and intes - tote in the lifetime of the testator, there being in that event an unconditional gift over. It was there decided that the words “ his share,” and “ his portion,” found in the will, referred to the share of the estate set apart for him, but did…

2Cases cited8 opinions

  1. Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
  2. Miller v. EwingMassachusetts Supreme Judicial Court · 1850
  3. Weston v. WestonMassachusetts Supreme Judicial Court · 1878
  4. Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
  5. Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869

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3Cited by9 opinions

  1. Stone v. BradleeMassachusetts Supreme Judicial Court · 1903
  2. Pulitzer v. LivingstonSupreme Judicial Court of Maine · 1896
  3. Renwick v. MacomberMassachusetts Supreme Judicial Court · 1917
  4. Richardson v. WarfieldMassachusetts Supreme Judicial Court · 1925
  5. Gilkie v. MarshMassachusetts Supreme Judicial Court · 1904

4 more not listed; retrieve them via the Exa API.

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