Worcester v. Worcester
Massachusetts Supreme Judicial Court
Bill in equity by Samuel T. Worcester and Frederic A. Worcester, executors of Joseph E. Worcester’s will, praying fa» instructions as to the distribution of his estate. The case was heard on the bill and answers, by Foster, J., and reserved for the determination of the full court on a report of which the following is the substance.
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Bill in equity by Samuel T. Worcester and Frederic A. Worcester, executors of Joseph E. Worcester’s will, praying fa» instructions as to the distribution of his estate. The case was heard on the bill and answers, by Foster, J., and reserved for the determination of the full court on a report of which the following is the substance. Joseph E. Worcester died October 27, 1865, leaving a will, dated December 24, 1862, the material parts of which were as follows: “ I give and devise to my beloved wife Amy Elizabeth, in lieu of dower and such portion of my personal estate as she would otherwise be…
1Opinion of the CourtWells, J.
When a testamentary gift is made to take effect in possession immediately, the objects for whom it was intended, under a general description, are to be ascertained in reference to the time of the death of the testator. But when it is postponed beyond the time of his death, then those who come within the description, before the period or event upon which the gift is to take effect, or the distribution is to be made, will ordinarily be included as within the probable intention of the testator.
But the rule is subject to modifications in both aspects. It is the office of construction to give…
2Cited by12 opinions
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