Farnum v. Bascom
Massachusetts Supreme Judicial Court
Bnx in equity by the executor of the will of Rebecca Bascom, to obtain the instructions of the court. The will, to which the husband of the testatrix assented in writing, was dated June 24, 1874, and admitted to probate on April 27, 1875, and contained the following provisions : “ First. I give and bequeath all my wearing apparel unto my sisters Susan B. Converse and Mary C. Learned, share and share alike. . “ Second.
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Bnx in equity by the executor of the will of Rebecca Bascom, to obtain the instructions of the court. The will, to which the husband of the testatrix assented in writing, was dated June 24, 1874, and admitted to probate on April 27, 1875, and contained the following provisions : “ First. I give and bequeath all my wearing apparel unto my sisters Susan B. Converse and Mary C. Learned, share and share alike. . “ Second. I give and bequeath a certain mortgage deed, given to me by John Foster, for twenty-five hundred,dollars, on a certain lot of land, with the buildings thereon, situated on I…
1Opinion of the CourtDevens, J.
It would seem that the will of the testatrix was made under a misapprehension in reference to the amount of her property, or that liabilities were afterwards incurred by her not then contemplated. She has left debts in addition to the funeral expenses and charges of administration. Under the third bequest in the will, of the rest and residue of her personal prop* *285erty to her husband, there is nothing which will pass. All the remainder of her property is devised or bequeathed, and she has made no provision for these claims.
Where there are both general and specific legacies and devises, those…
2Cases cited4 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Rogers v. RogersNew York Court of Chancery · 1828
- Giddings v. . SewardNew York Court of Appeals · 1857
- Isenhart v. BrownNew York Court of Chancery · 1832
3Cited by29 opinions
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Moffatt v. HeonMassachusetts Supreme Judicial Court · 1922
- United States v. BolsterCourt of Appeals for the First Circuit · 1928
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