McCarty v. Cosgrove
Massachusetts Supreme Judicial Court
Bill in equity by the widow of John McCarty, praying that his executors, John Cosgrove and John Quinn, might pay to her $3640.75, being the residue of his personal estate after payment of debts and legacies.
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Bill in equity by the widow of John McCarty, praying that his executors, John Cosgrove and John Quinn, might pay to her $3640.75, being the residue of his personal estate after payment of debts and legacies. The fourth paragraph of the will of John McCarty was as follows : “ I hereby give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, unto my wife, Julia McCarty, to be her sole and separate property, unto her, her heirs and assigns forever, in case she shall never marry again; but in case she shall marry again, then whatever remains unexpended…
1Opinion of the Court
By the Court.
The plaintiff is entitled to have the legacy paid over to her. Homer v. Shelton, 2 Met. 194. Fiske v. Cobb, 6 Gray, 144. Lynde v. Estabrook, 7 Allen, 68. Grifford v. Choate, 100 Mass. 343. Decree for the plaintiff.
2Cases cited2 opinions
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
3Cited by3 opinions
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Langley v. FarmingtonSupreme Court of New Hampshire · 1891
- Lyford v. McFetridgeMassachusetts Supreme Judicial Court · 1917