Horton v. Earle
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the executor of the will of Sarah B. Horton, the widow of Danforth Horton, for the construction of the will. The record of the Probate Court, transmitted to this court on appeal, consisted of the petition, the citation, the decree, and the notice of appeal.
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Petition to the Probate Court, by the executor of the will of Sarah B. Horton, the widow of Danforth Horton, for the construction of the will. The record of the Probate Court, transmitted to this court on appeal, consisted of the petition, the citation, the decree, and the notice of appeal. The petition alleged that Sarah B. Horton died on June 14, 1890, leaving the respondents as her heirs at law, and leaving a will, the eleventh clause of which was as follows: “ All the rest and residue of my property and estate, both real and personal, wherever and whatever the same may be, I give, devise,…
1Opinion of the CourtField, C. J.
This is a petition to the Probate Court for the construction of a will, and although the procedure in that court was not according to the rules of pleading and procedure in equity causes, it appears that all persons interested appeared and were heard, and they have been heard in this court on appeal, both by a single justice and the full court. See Green v. Hogan, 153 Mass. 462.
The particular clause in the will of Sarah B. Horton to be construed is as follows: “All the rest and residue of my property and estate, both real and personal, wherever and whatever the same may be, I give, devise,…
2Cases cited5 opinions
- Kimball v. StoryMassachusetts Supreme Judicial Court · 1871
- Green v. HoganMassachusetts Supreme Judicial Court · 1891
- Wood v. SeaverMassachusetts Supreme Judicial Court · 1893
- Bryson v. HolbrookMassachusetts Supreme Judicial Court · 1893
- Claflin v. TiltonMassachusetts Supreme Judicial Court · 1886
3Cited by19 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1897
- Curley v. LynchMassachusetts Supreme Judicial Court · 1910
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