Rand v. Sanger
Massachusetts Supreme Judicial Court
Bill in equity by Edward S. Rand and Warren Sanger, administrators with the will annexed of Sarah Louise Hubbell, praying for instructions as to the distribution of the rest and residue of the estate of the said testatrix; and that the defendants might be decreed to interplead. The case was reserved for the consideration of the full court, by Ames, J., upon the bill, answers and report.
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Bill in equity by Edward S. Rand and Warren Sanger, administrators with the will annexed of Sarah Louise Hubbell, praying for instructions as to the distribution of the rest and residue of the estate of the said testatrix; and that the defendants might be decreed to interplead. The case was reserved for the consideration of the full court, by Ames, J., upon the bill, answers and report. From these It appeared that: The testatrix by her will, after sundry legacies and bequests, by the forty-second article thereof disposed of all the rest and residue of her estate in the words following: “ All…
1Opinion of the CourtColt, J.
The legatees under the residuary clause of Mrs. HubbelJ’s will are those persons who were her heirs at law at the time of her decease.
The first paragraph in that clause looks to the time of her death, and clearly declares that her heirs at law at that time shall, with the exception named, take as legatees. Standing by itself it is complete and decisive as to the persons who are to take. In this respect it is the prominent and controlling provision. The second and remaining paragraph of that clause appears to be subordinate to it and not intended to change the distribution contemplated. The…
2Cases cited1 opinion
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Johnson v. BodineSupreme Court of Iowa · 1899
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