Blume v. Kimball
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court on May 25, 1915, by the trustees under the will of David FuIIam, late of Fitzwilliam, New Hampshire, for instructions, “first, whether said testator intended by his said will that his said estate should be divided among those who were his ‘legal heirs’ at his death, or among those who would be his ‘legal heirs’ had he died surviving his last surviving child; second, whether said testator intended by his said will to impose upon his…
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Bill in equity, filed in the Probate Court on May 25, 1915, by the trustees under the will of David FuIIam, late of Fitzwilliam, New Hampshire, for instructions, “first, whether said testator intended by his said will that his said estate should be divided among those who were his ‘legal heirs’ at his death, or among those who would be his ‘legal heirs’ had he died surviving his last surviving child; second, whether said testator intended by his said will to impose upon his trustees the duty of dividing and distributing his real estate among his ‘legal heirs;’ third, whether said testator…
1Opinion of the CourtDe Courcy, J.
The ninth clause of the will of David Fullam is as follows: “I do hereby give, devise and bequeath my estates in Bowdoin Square, and in Hawkins Street and in Shawmut Avenue, all in the City of Boston, and all other real estate of which I may die seized or possessed of, in said City of Boston, to my sons James F. Fullam and George J. Fullam, in trust, to manage the same to the best of their judgment, and to collect and receive all the rents and income from the same, and from such receipts to pay all the necessary expenses, taxes, insurance, repairs and the like; and then to divide the surplus…
2Cases cited9 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
- White v. UnderwoodMassachusetts Supreme Judicial Court · 1913
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3Cited by17 opinions
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Crowell v. ChapmanMassachusetts Supreme Judicial Court · 1926
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Gilman v. Congregational Home Missionary SocietyMassachusetts Supreme Judicial Court · 1931
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