Legal Opinion

Denfield

Massachusetts Supreme Judicial Court

Decided May 7, 1892PublishedCited by 21 opinions

1Opinion of the CourtAllen, J.

The first question is as to the meaning of the devise in article 4, which is as follows : “ To my sister, Eliza A. Leonard, a home at my house as long as she lives; and I direct that my executors attend to this.”

The testimony which was offered on the one side and on the other of declarations of the testator, as to his wishes and intentions, was rightly excluded. His intentions must be gathered from the will itself, viewed in the light of the existing circumstances. This is now conceded.

The word “ home”’ when made the subject of a devise, is ambiguous, and may mean merely the use of sufficient…

2Cases cited1 opinion

  1. Willett v. CarrollCourt of Appeals of Maryland · 1859

3Cited by21 opinions

  1. Polsey v. NewtonMassachusetts Supreme Judicial Court · 1908
  2. Jones v. BennettSupreme Court of New Hampshire · 1916
  3. Central Hanover Bank & Trust Co. v. NesbitSupreme Court of Connecticut · 1936
  4. Siders v. SidersMassachusetts Supreme Judicial Court · 1897
  5. George v. GeorgeMassachusetts Supreme Judicial Court · 1904

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