Porter v. Howe
Massachusetts Supreme Judicial Court
The eiest case is a petition to the Probate Court, by the trustee under the will of James H. Carleton, for instructions as to the construction thereof. The case was submitted on an agreed statement "of facts, the nature of which appears in the opinion, and from the decree of that court several of the respondents appealed. The second case is an appeal from the allowance of the executor’s account. The material portions of the will are as follows.
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The eiest case is a petition to the Probate Court, by the trustee under the will of James H. Carleton, for instructions as to the construction thereof. The case was submitted on an agreed statement "of facts, the nature of which appears in the opinion, and from the decree of that court several of the respondents appealed. The second case is an appeal from the allowance of the executor’s account. The material portions of the will are as follows. After various provisions, for the benefit of his sister, Mary C. Flint, and others, not necessary to be stated, came the following provision : “ 12.…
1Opinion of the CourtKnowlton, J.
These cases present questions of law in regard to the construction of the will of James H. Carleton. The second is an appeal from the allowance of the executor’s account. The appellants contend that the payment of legacies under the first eleven items of the will was erroneous, on the *525ground that the estate is insufficient to pay the legacies in full, and that these should abate proportionally with the others. But it is plain that this contention is not well founded. The twelfth item of the will, and all the items that follow it, give legacies only out of the rest, residue, and remainder of…
2Cases cited6 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Brown v. BaronMassachusetts Supreme Judicial Court · 1894
- Boston Safe Deposit & Trust Co. v. PlummerMassachusetts Supreme Judicial Court · 1886
- Richardson v. HallMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Barker v. MonksMassachusetts Supreme Judicial Court · 1944
- Bullard v. LeachMassachusetts Supreme Judicial Court · 1912
12 more not listed; retrieve them via the Exa API.