Miles v. Boyden
Massachusetts Supreme Judicial Court
This action, which was assumpsit to recover a legacy bequeathed by the defendant’s testator, John Stebbings, came before the Court upon a case stated. On the 12th of June, 1819, Stebbings made his last will, containing among other bequests the following :—“ I give and bequeath to the two oldest children of the Rev. John Miles, of Grafton, fifty dollars each ; ” and directing these and other legacies to be paid within one year after his decease.
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This action, which was assumpsit to recover a legacy bequeathed by the defendant’s testator, John Stebbings, came before the Court upon a case stated. On the 12th of June, 1819, Stebbings made his last will, containing among other bequests the following :—“ I give and bequeath to the two oldest children of the Rev. John Miles, of Grafton, fifty dollars each ; ” and directing these and other legacies to be paid within one year after his decease. In February, 1821, he made a codicil, wherein he declared as follows : — “ My last will and testament bearing date the 12th of June, 1819, is hereby…
1Opinion of the Court
Putnam J.
It is the opinion of the Court, that the testator intended to designate the two children of the Rev. ¡T. Miles by age, and not by name ; and that those who answered that description at the time when the will took effect, are entitled to the legacies of fifty dollars apiece. John R. died before the testator made his codicil, which ratified his former will in all respects not altered by the codicil itself; and the codicil takes no notice of the legacies to the two oldest children of Mr. Miles. A codicil is considered as a republication of a will; so that lands bought after the will,…
2Cases cited2 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Rice v. SmithMassachusetts Supreme Judicial Court · 1817
3Cited by2 opinions
- MacKu by and Through MacKu v. Drackett Prod. Co.Nebraska Supreme Court · 1984
- In re Estate of Harris, Superior Court of California, County of San Francisco1908