Whitman v. Whitney
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Middlesex allowing the last will and codicils of Abigail W. Howe, late of Cambridge.
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Appeal from a decree of the Probate Court for the county of Middlesex allowing the last will and codicils of Abigail W. Howe, late of Cambridge. The will, after numerous specific bequests of articles of personal property and legacies of money, contained a residuary clause giving “the rest and residue of my estate” to Radcliffe College of Cambridge, Massachusetts, to be divided into two funds, one to be known as the Benjamin White Whitney fund and the other as the Augustus Anson Whitney fund, in memory of the two brothers of the testatrix, and the income to be applied in the form of…
1Opinion of the CourtPierce, J.
This is an appeal from a decree of a single justice of this court, allowing a motion to dismiss an appeal from a decree of the Probate Court allowing certain instruments as the last will and codicils of Abigail W. Howe.
The ground upon which the motion is based is, that the appellants set forth no reasons why the appeal should be allowed in law. The appellants, who are the only heirs and next of kin of the testatrix, within the time allowed by law filed their appeal from the allowance of the will, alleging the following sole ground of objection: “Because the testatrix died owning an interest…
2Cases cited3 opinions
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
3Cited by3 opinions
- Keegan v. NortonMassachusetts Supreme Judicial Court · 1947
- Brown v. TuckermanMassachusetts Supreme Judicial Court · 1927
- Whitman v. WhitneyMassachusetts Supreme Judicial Court · 1917