Legal Opinion

Bates v. Dewson

Massachusetts Supreme Judicial Court

Decided February 13, 1880PublishedCited by 14 opinions

Bill in equity by the administrators with the will annexed of the estate of William H. Bordman, against Alexander Dewson, Edwin Gr.

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Bill in equity by the administrators with the will annexed of the estate of William H. Bordman, against Alexander Dewson, Edwin Gr. Walker and Eliza Dewson, to determine the distribution or disposition of the sum of $1000, held by the plaintiffs under the following clause in the will of the testator, dated Nov. 30,1841: “ To Alexander Dewson, my servant, I give a house to be purchased not exceeding in cost one thousand dollars, and an annuity during his life of one hundred dollars per annum. The house to be held in trust by Stephen H. Williams, and to be so legally placed as not to be liable…

1Opinion of the Court

The Court

held that the question whether the legacy of $1000 lapsed by the death of Alexander Dewson before the death of the testator could not be decided, because the residuary devisees were not made parties, and

Discharged the report.

The bill was then amended by making the residuary devisees parties; and they answered, submitting their rights to the judgment of the court. The case was heard upon bill and answers, and reserved by Ames, J., for the determination of the full court; and was argued by the same counsel.

Gray, C. J.

The testator directed a house to be purchased, at a cost not…

2Cited by14 opinions

  1. Thompson v. ThorntonMassachusetts Supreme Judicial Court · 1908
  2. Newman's CaseMassachusetts Supreme Judicial Court · 1916
  3. Bradlee v. AndrewsMassachusetts Supreme Judicial Court · 1884
  4. Dodge v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1891
  5. In Re Estate of BennettCalifornia Supreme Court · 1901

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