McGreevy v. McGrath
Massachusetts Supreme Judicial Court
Bill in equity, to prevent the executor of the will of Ellen Gaffney from distributing the residue of the estate among the testatrix’s heirs at law, and to compel him to pay it to the plaintiff, as her sole next of kin. Hearing on the pleadings and agreed facts by Eevens, J., who reserved the case for the consideration of the full court, in substance as follows.
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Bill in equity, to prevent the executor of the will of Ellen Gaffney from distributing the residue of the estate among the testatrix’s heirs at law, and to compel him to pay it to the plaintiff, as her sole next of kin. Hearing on the pleadings and agreed facts by Eevens, J., who reserved the case for the consideration of the full court, in substance as follows. The testatrix, who died on February 2,1888, by her will, which was dated October 8,1886, and was duly admitted to probate, devised the residue of her estate above debts and funeral charges in trust to the defendant, who was also named…
1Opinion of the CourtDevens, J.
As both her son, Daniel Gaffney, and his only daughter, died during the lifetime of the testatrix, the legacy in trust in favor of each lapsed, and no benefit could accrue to either or to the heirs of either therefrom. Nor did the event of the testatrix’s son dying childless happen, upon the occurrence of which the trustee was directed to hold the estate for the benefit of the next of kin of the testatrix, such “ as in his opinion is or are the most needful or deserving,” as the son not only died during the mother’s lifetime, but left a child, his daughter, who deceased subsequently, and…
2Cases cited2 opinions
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Case of Todd's WillSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Thompson v. ThorntonMassachusetts Supreme Judicial Court · 1908
- Carney v. KainWest Virginia Supreme Court · 1895
- Cutter v. BurroughsSupreme Judicial Court of Maine · 1905
- Federal Trust Co. v. OstNew Jersey Court of Chancery · 1936