Legal Opinion

McLaughlin v. Greene

Massachusetts Supreme Judicial Court

Decided March 2, 1908PublishedCited by 13 opinions

Petition, filed in the Probate Court for the county of Suffolk on July 24, 1907, by one of the heirs at law of Daniel McLaughlin, late of Boston, for the partition of certain real estate in Boston, Revere and Somerville belonging to the estate of Daniel McLaughlin, alleged to be in the course of settlement in that court.

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Petition, filed in the Probate Court for the county of Suffolk on July 24, 1907, by one of the heirs at law of Daniel McLaughlin, late of Boston, for the partition of certain real estate in Boston, Revere and Somerville belonging to the estate of Daniel McLaughlin, alleged to be in the course of settlement in that court. In the Probate Court Grant, J., made a decree dismissing the petition, and the petitioner appealed, stating in objection to the decree that the residuary clause of the will of Daniel McLaughlin, which is quoted in the opinion, did not give the executors the right to divide…

1Opinion of the CourtSheldon, J.

The question in this case is as to the effect of the residuary clause in the will of Daniel McLaughlin. He left twenty-two different parcels of real estate, fifteen located in Boston, six in Revere, and one in Somerville, varying in value from $300 to $18,000, and personal property amounting to nearly $49,000. Bills have been presented to his executors amounting to not more than $6,100, and the executors also have been notified that several actions are to be brought for alleged claims against the estate. The will gives pecuniary legacies to the amount of $20,000, and then provides as follows:…

2Cases cited6 opinions

  1. Hill v. JonesSupreme Court of Alabama · 1880
  2. Ex parte Cubbage v. FranklinSupreme Court of Missouri · 1876
  3. May v. BrewsterMassachusetts Supreme Judicial Court · 1905
  4. Allen v. DeanMassachusetts Supreme Judicial Court · 1889
  5. Gerard v. BuckleyMassachusetts Supreme Judicial Court · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  2. State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
  3. Bundy v. United States Trust Co. of New YorkMassachusetts Supreme Judicial Court · 1926
  4. Smith v. HaynesMassachusetts Supreme Judicial Court · 1909
  5. Roberts v. JonesMassachusetts Supreme Judicial Court · 1940

8 more not listed; retrieve them via the Exa API.

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