Eager v. Whitney
Massachusetts Supreme Judicial Court
The first case was a petition to the judge of probate of the county of Middlesex, by Edward R. Eager and others, executors of the will of Leonard Whitney, late of Watertown, deceased, to obtain the instructions of the court as to the construction of the will.
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The first case was a petition to the judge of probate of the county of Middlesex, by Edward R. Eager and others, executors of the will of Leonard Whitney, late of Watertown, deceased, to obtain the instructions of the court as to the construction of the will. The judge decreed as follows: “ It appearing that the said Emily F. Brownell died after the testator, intestate, leaving a husband and no issue, it is determined that the said Emily F. Brownell took a vested interest in her distributive share of the estate of said testator, both real and personal, as it existed at the time of his death,…
1Opinion of the CourtAllen, J.
The only question directly presented by these cases is, whether the surviving husband of the testator’s daughter, Mrs. Brownell, who died in 1885, is entitled to any part of the income or principal of the testator’s property. If Mrs. Brownell had only a contingent remainder in a portion of the trust estate which is to be distributed in 1901, then her surviving husband is entitled to nothing; and this is the conclusion to which we have come.
The will was dated January 29, 1879. The testator had a wife, Caroline I. Whitney, and four children, namely, one daughter, Emily F. Brownell, then married…
2Cases cited5 opinions
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Wood v. BullardMassachusetts Supreme Judicial Court · 1890
- Peck v. CarltonMassachusetts Supreme Judicial Court · 1891
- BatesMassachusetts Supreme Judicial Court · 1893
3Cited by16 opinions
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
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