Johnson v. Johnson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Worcester on August 12, 1910, by the executrix of and the trustee under the will of Tver Johnson, the late husband of the petitioner, for instructions as to the disposition and distribution of the income of the residue of the estate of the testator. On appeal the case was submitted upon the pleadings and an agreed statement of facts to Morton, J., who reserved it for determination by the full cotut.
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Bill in equity, filed in the Probate Court for the county of Worcester on August 12, 1910, by the executrix of and the trustee under the will of Tver Johnson, the late husband of the petitioner, for instructions as to the disposition and distribution of the income of the residue of the estate of the testator. On appeal the case was submitted upon the pleadings and an agreed statement of facts to Morton, J., who reserved it for determination by the full cotut. The will of Iver Johnson was dated March 24, 1877. In it the petitioner and Nahum M. D. Hayward of Worcester were named as executors.…
1Opinion of the CourtHammond, J.
By the third article of the will of Iver Johnson, the residue of his estate was devised and bequeathed to trustees to hold and keep the same safely invested and to pay over the income as it shall be received by them to his wife “for the support and maintenance of herself, and the care, maintenance, and education of our children, during her life, or until she shall marry again.” By agreement of parties the case is reserved by a single justice, upon an agreed statement of facts, for the consideration of the full court “ solely for the interpretation of those provisions of the will which relate…
2Cases cited12 opinions
- Dee v. DeeIllinois Supreme Court · 1904
- Small v. FieldSupreme Court of Missouri · 1890
- Loring v. LoringMassachusetts Supreme Judicial Court · 1868
- Phelps v. PhelpsMassachusetts Supreme Judicial Court · 1887
- McCroan v. PopeSupreme Court of Alabama · 1850
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3Cited by20 opinions
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- Pittsfield National Bank v. United StatesDistrict Court, D. Massachusetts · 1960
- Lumbert v. FisherMassachusetts Supreme Judicial Court · 1923
- In re the Accounting of New York Trust Co.New York Surrogate's Court · 1951
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