Legal Opinion

Kimball v. Story

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 30 opinions

Bill in equity filed by the administrator with the will annexed of Helen M. Johnson, against her brother John P. Story, and another brother and two sisters of hers, who were her next of kin and heirs at law; and against William Johnson, who was the only child of William B. F. Johnson, her step son ; to obtain a construction of the residuary clause of her will, which was as follows: “ All the rest of my estate, real, personal or mixed, of which I shall die seised and…

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Bill in equity filed by the administrator with the will annexed of Helen M. Johnson, against her brother John P. Story, and another brother and two sisters of hers, who were her next of kin and heirs at law; and against William Johnson, who was the only child of William B. F. Johnson, her step son ; to obtain a construction of the residuary clause of her will, which was as follows: “ All the rest of my estate, real, personal or mixed, of which I shall die seised and possessed, I give, devise and bequeath to my son, William B. F. Johnson, his heirs, executors, administrators and assigns.” The…

1Opinion of the CourtGray, J.

The general rule, prevailing in equity as at law, that if a legatee dies after the making of the will and before the death of the testator, the legacy lapses, is not affected by the insertion, after the name of the legatee, of the words “ his heirs, executors, administrators and assigns,” unless a declaration that the 'egacy shall not lapse is superadded; for those words, according to then- uniform and well established interpretation, only express the intention of the testator to pass the absolute property in the estate, real or personal, to the legatee ; “ heirs, executors and…

2Cases cited2 opinions

  1. Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
  2. Davis' Heirs v. TaulCourt of Appeals of Kentucky · 1837

3Cited by30 opinions

  1. In Re the Accounting of TamargoNew York Court of Appeals · 1917
  2. De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
  3. Galloway v. DarbySupreme Court of Arkansas · 1912
  4. Jackson v. AlsopSupreme Court of Connecticut · 1896
  5. Sackman v. CampbellWashington Supreme Court · 1895

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