Shattuck v. Wall
Massachusetts Supreme Judicial Court
Petition to the judge of probate of the county of Worcester, by the trustee under certain items of the will of James H. Wall, praying for instructions as to bis duties thereunder. After a decree in that court an appeal was taken, and a trial was bad before Hammond, J., who reserved the case for the consideration of the full court.
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Petition to the judge of probate of the county of Worcester, by the trustee under certain items of the will of James H. Wall, praying for instructions as to bis duties thereunder. After a decree in that court an appeal was taken, and a trial was bad before Hammond, J., who reserved the case for the consideration of the full court. The items of the will upon which the decision of the question raised in this petition depends are fully set forth in Shattuck v. Balcom, 170 Mass. 245.* In that case, which was a petition for instructions filed by the same petitioner, it was determined that the…
1Opinion of the CourtMorton, J.
Since the decision in Shattuck v. Balcom, 170 Mass. 245, Mrs. Dunlop, the daughter of Mrs. Balcom, has died without leaving any issue, and the question now is whether the one fifth of the income, to which in that case it was held that she was entitled, goes to her administrator, or is to be divided amongst the children of George F. Wall and James H. Wall, Jr. The latter contend that the gift was to them and Mrs. Dunlop as a class, and that upon her death, or the death of any one of the class, ■ the survivors take. The administrator contends that it vested in her as a tenant in common, and…
2Cases cited3 opinions
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1897
- Shattuck v. BalcomMassachusetts Supreme Judicial Court · 1898
- Shaw v. EckleyMassachusetts Supreme Judicial Court · 1897
3Cited by21 opinions
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Wilhite v. WilhiteSupreme Court of Missouri · 1920
- Boynton v. BoyntonMassachusetts Supreme Judicial Court · 1929
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