Trustees of Amherst College v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, against the executors of, and the legatees under, the will of Austin-Smith, alleging the following facts: Austin Smith died on September 5,1871, seised of a tract of pasture land in Conway.
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Bill in equity, against the executors of, and the legatees under, the will of Austin-Smith, alleging the following facts: Austin Smith died on September 5,1871, seised of a tract of pasture land in Conway. He left a will, which was duly proved and allowed, and by which he devised to his son, John M. Smith, one of the defendants, said pasture land, “provided, and it is a condition of this bequest, that the said John M. shall, at the expiration of two years from my decease, pay to my granddaughter Mary B. Smith, daughter of Elihu Smith, the sum of one thousand dollars; and shall also pay to my…
1Opinion of the CourtC. Allen, J.
If it be assumed, as contended by the plaintiffs, that the sums of $1000 and $4000 directed to be paid to Mary B. Smith and Elihu Smith, trustee, respectively, are to be considered as legacies, which the executors would be bound to pay from the general estate of the testator, in case, for any reason, the same could not be realized from the land devised to John M. Smith, or from John M. Smith personally, still it by no means follows that the giving of the bond by the executors for the payment of all debts and legacies would have the effect to vest in John M. Smith an absolute title to the…
2Cases cited6 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Harris v. FlyNew York Court of Chancery · 1839
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- Allen v. CostelloMassachusetts Supreme Judicial Court · 1913
- Woods v. GilsonMassachusetts Supreme Judicial Court · 1901
- Jenkins v. WoodMassachusetts Supreme Judicial Court · 1887
- Marsh v. FrenchMassachusetts Supreme Judicial Court · 1893