Tuell v. Hurley
Massachusetts Supreme Judicial Court
Petition filed in the Probate Court for the county of Norfolk on January 16,1908, by the administrator de bonis non with the will annexed of the estate of Ann Whelan, late of Milton, for leave to sell real estate of the deceased for the payment of debts and charges of administration.
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Petition filed in the Probate Court for the county of Norfolk on January 16,1908, by the administrator de bonis non with the will annexed of the estate of Ann Whelan, late of Milton, for leave to sell real estate of the deceased for the payment of debts and charges of administration. In the Probate Court, Mint, J., made a decree that the petitioner be licensed to sell at public auction a certain parcel of real estate described in the petition which had belonged to the deceased. Katherine F. Hurley, a daughter of the deceased, to whom the real estate ordered to be sold had been devised by her…
1Opinion of the CourtHammond, J.
Under the will of James Whelan his wife took an equitable estate for life in the rest and residue of his estate, with a general power of appointment of the remainder in fee. After his death she made a will in which she disposed of her own property and exercised this power of appointment.
By her will, after confirming to her daughter Katherine, the appellant, a devise contained in her husband’s will, of certain real estate (apparently an unnecessary provision since the devise in the husband’s will was clear enough), she makes four specific devises, namely, a lot of land with the buildings…
2Cases cited4 opinions
- Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
- White v. Massachusetts Institute of TechnologyMassachusetts Supreme Judicial Court · 1898
- Patterson & Co. v. LawrenceSupreme Court of Georgia · 1889
- Loring v. WilsonMassachusetts Supreme Judicial Court · 1899
3Cited by14 opinions
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Minot v. PaineMassachusetts Supreme Judicial Court · 1918
- Langley v. ConlanMassachusetts Supreme Judicial Court · 1912
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- State Street Trust Co. v. KisselMassachusetts Supreme Judicial Court · 1939
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