King v. Thissell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Worcester on November 16, 1914, by Myrtle Anna King, of Marlborough in the State of New Hampshire, who before her marriage was known as Myrtle Terrill, alleging that she was the only issue of Cassius M. Ward, late of Clinton, having been the only child of his daughter Lottie Ward, who never was married, and further alleging that Cassius M. Ward, whose will had been filed in that court, made no provision for her in…
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Bill in equity, filed in the Probate Court for the county of Worcester on November 16, 1914, by Myrtle Anna King, of Marlborough in the State of New Hampshire, who before her marriage was known as Myrtle Terrill, alleging that she was the only issue of Cassius M. Ward, late of Clinton, having been the only child of his daughter Lottie Ward, who never was married, and further alleging that Cassius M. Ward, whose will had been filed in that court, made no provision for her in his lifetime and omitted to provide for her in his will and that the omission was unintentional and was caused by…
1Opinion of the CourtPierce, J.
The petitioner asks that the words “issue of any deceased child” in Rev. Sts. c. 62, § 21, as re-enacted without other than a slight verbal change in Gen. Sts. c. 92, § 25; Pub. Sts. c. 127, § 21; R. L. c. 135, § 19, shall be read to include illegitimate issue as well as legitimate issue.
Such interpretation would involve reconsideration of Kent v. Barker, 2 Gray, 535, wherein the word “children” was adjudged to mean only legitimate children.
In effect the argument is that that decision should be reversed because of change in public policy and in judicial sentiment in relation to the treatment…
2Cases cited3 opinions
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Buckley v. FrasierMassachusetts Supreme Judicial Court · 1891
- Shelton v. SearsMassachusetts Supreme Judicial Court · 1905
3Cited by17 opinions
- Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- King v. DolanMassachusetts Supreme Judicial Court · 1926
- Town of Plymouth v. HeyMassachusetts Supreme Judicial Court · 1934
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