Gerard v. Buckley
Massachusetts Supreme Judicial Court
Petition for partition of certain lands in Boston, formerly the property of James W. Gerard, the father of the first-named petitioner, and which constituted a part of the real estate described in the residuary clause of the will of said Gerard, and in the third codicil to his will.
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Petition for partition of certain lands in Boston, formerly the property of James W. Gerard, the father of the first-named petitioner, and which constituted a part of the real estate described in the residuary clause of the will of said Gerard, and in the third codicil to his will. At the hearing, before Holmes, J., the petitioners contended that the fee, which was given them by the residuary clause of the .will, was not revoked by the third codicil, and that the executors named in the will took, under the third codicil, a mere power of sale, and not a legal estate. The judge ruled that the…
1Opinion of the CourtW. Allen, J.
There is nothing in the will or codicils to control the express devise of the legal estate to the executors, *476contained in the third codicil. On the contrary, such a devise is in accordance with the general intention of the testator.
By the residuary clause of his will the testator directs that the remainder of his estate, including certain lands in East Boston, and what he terms his Williams farm property, shall be divided, or considered as divided, into ten equal portions or shares. He then devises to his son three and a half shares, to his daughter and her children three and a half shares,…
2Cited by6 opinions
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- McLaughlin v. GreeneMassachusetts Supreme Judicial Court · 1908
- Guild v. AllenSupreme Court of Rhode Island · 1907
- Glasscock v. TateTennessee Supreme Court · 1901
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