Weston v. Jenkins
Massachusetts Supreme Judicial Court
Appeal by Charles T. Jenkins from a decree of the Probate Court allowing the ninth account of the trustees under the will of Nathaniel Weston. The case was heard by Ames, J., and reported for the consideration of the full court, in substance as follows: The testator, in his will which was duly admitted to probate in December 1868, by the first article gave certain real estate to his widow in fee, with all his furniture.
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Appeal by Charles T. Jenkins from a decree of the Probate Court allowing the ninth account of the trustees under the will of Nathaniel Weston. The case was heard by Ames, J., and reported for the consideration of the full court, in substance as follows: The testator, in his will which was duly admitted to probate in December 1868, by the first article gave certain real estate to his widow in fee, with all his furniture. By the second article, he gave to trustees the sum of 140,000 for the benefit of the widow and children of a deceased son. The material parts of the third article were as…
1Opinion of the CourtSoule, J.
After certain legacies, the testator gave, by his will, the residue of his estate to trustees, in trust, among other things, to pay to his widow “ such part of the interest or income of the same as in her opinion she may need, or as she may from time to time signify to them a desire to receive, for her use or benefit during her natural life; it being my will that she shall always have at her command, so long as she shall live, as much of said interest or income as may seem to her desirable.” He then provided for an annuity of one thousand dollars each to his son and daughter, during the…
2Cases cited1 opinion
- Weston v. WestonMassachusetts Supreme Judicial Court · 1878
3Cited by2 opinions
- Harrison v. MardenMassachusetts Supreme Judicial Court · 1937
- Taft v. TaftMassachusetts Supreme Judicial Court · 1881