Minot
Massachusetts Supreme Judicial Court
Petition, by the executor of the will of George R. Minot, to ot> tain the instructions of the court as to the construction of the will.
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Petition, by the executor of the will of George R. Minot, to ot> tain the instructions of the court as to the construction of the will. The petition alleged that the testator by will bequeathed “ all my articles of household and personal use or ornament ” to his "wife, and also ten thousand dollars in money or in such securities as his executor might select, and gave the residue to the petitioner, in trust to pay the income to the wife during life, and the reversion “ to those persons who, if my death occurred at the time of her death, would then be my heirs at law by blood ” ; that the…
1Opinion of the CourtAllen, J.
1. By Pub. Sts. c. 127, § 21, it is provided that “ when a testator omits to provide in his will for any of his children, or for the issue of a deceased child, they shall take the same share of his estate that they would have been entitled to if he had died intestate, unless they have been provided for by the testator in his lifetime, or unless it appears that the omission was intentional, and not occasioned by accident or mistake.” This statute applies to children born in the testator’s lifetime, but after the making of the will. Bancroft v. Ives, 3 Gray, 367.
At the time the will was made,…
2Cases cited5 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Bowen v. HoxieMassachusetts Supreme Judicial Court · 1884
- Webster v. PotterMassachusetts Supreme Judicial Court · 1870
- Walker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1879
- Peters v. SidersMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Ricker v. RickerMassachusetts Supreme Judicial Court · 1924
- Browne v. BixbyMassachusetts Supreme Judicial Court · 1906
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