Sawyer v. Freeman
Massachusetts Supreme Judicial Court
Petition to the judge of probate of the county of Suffolk, by Asahel W. Sawyer and James Henry Freeman, executors of the will of James H. Freeman, late of Boston, deceased, alleging that the estate was so far settled that nothing-remained to be done but to pay the legacies given, and administer the trust created by the will; that the legacies had been paid in part; that the widow, Amanda Maria Freeman, named in the will, who had waived the provisions made for her therein,…
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Petition to the judge of probate of the county of Suffolk, by Asahel W. Sawyer and James Henry Freeman, executors of the will of James H. Freeman, late of Boston, deceased, alleging that the estate was so far settled that nothing-remained to be done but to pay the legacies given, and administer the trust created by the will; that the legacies had been paid in part; that the widow, Amanda Maria Freeman, named in the will, who had waived the provisions made for her therein, had been paid in full her thirds, and the allowances made to her by the court; that the expenses of administration had…
1Opinion of the CourtHolmes, J.
If the income during the life of the widow is not disposed of otherwise, it is part of the residuary fund, and as such is applicable to the payment of the pecuniary legacies. The residuary legatee has no claim until those legacies are satisfied. Blaney v. Blaney, 1 Cush. 107, 117. Firth v. Denny, 2 Allen, 468, 471.
Whatever is given to the daughter, Julia Ann B. Lewis, income as well as principal, is given her “ in case said Julia Ann B. Lewis shall not be living at the death of her mother.” Until *547that time, although her interest is vested, nothing is given to her unconditionally. Income and…
2Cases cited3 opinions
- Brandenburg v. ThorndikeMassachusetts Supreme Judicial Court · 1885
- BatchelderMassachusetts Supreme Judicial Court · 1888
- Upham v. EmersonMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1918
- Hunter v. HunterNebraska Supreme Court · 1935
- Glover v. GloverOregon Supreme Court · 1923
- Chase v. ChaseMassachusetts Appeals Court · 1973
- Goodfellow v. NewtonMassachusetts Supreme Judicial Court · 1946