Brown v. Brown
Massachusetts Supreme Judicial Court
Bill of interpleader, by the administratrix de honis non with the will annexed of the estate of David Brown. The case was heard by Holmes, J., on the bill and answers, and was reserved for the consideration of the full court, as follows : David Brown, on February 21, 1876, executed the following will: “ First.
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Bill of interpleader, by the administratrix de honis non with the will annexed of the estate of David Brown. The case was heard by Holmes, J., on the bill and answers, and was reserved for the consideration of the full court, as follows : David Brown, on February 21, 1876, executed the following will: “ First. I hereby constitute and appoint my brother Atkins Brown to be my executor of this my will, directing my said executor to pay out of my estate all my just debts and funeral expenses and legacies hereinafter named. “ Second. I give and bequeath to my daughters Euphemia Seavey and Mary E.…
1Opinion of the CourtW. Allen, J.
The question is whether the bequests in the supplemental clause of the will to the three youngest children of the testator are subject to the limitations and restrictions of the bequests to the same persons in the will; that is, whether they are to be in trust for the maintenance and education of the beneficiaries, or whether the children take the legal and absolute interest.
The trustee relies upon the rule stated by Mr. Justice Met-calf in Tilden v. Tilden, 13 Gray, 103, 108, and well sustained by the authorities, that “ it is an established prima facie rule of construction, that an…
2Cases cited1 opinion
- Snow v. FoleyMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Gilmore v. DohertyMassachusetts Supreme Judicial Court · 1944