Fiske v. Cobb
Massachusetts Supreme Judicial Court
Bill in equity by the administrator with the will annexed of Elizabeth Cobb, to obtain the instructions of the court concerning the disposition of personal property held by him undei the following clause in said will: x “ All the residue and remainder of my estate, real and personal, wherever the same may be situated, I give, devise and bequeath to my grandson Nathaniel Ripley Cobb, to have and to hold the same to him, his heirs and assigns for ever; and I hereby appoint…
Read the full summary
Bill in equity by the administrator with the will annexed of Elizabeth Cobb, to obtain the instructions of the court concerning the disposition of personal property held by him undei the following clause in said will: x “ All the residue and remainder of my estate, real and personal, wherever the same may be situated, I give, devise and bequeath to my grandson Nathaniel Ripley Cobb, to have and to hold the same to him, his heirs and assigns for ever; and I hereby appoint him, the said Nathaniel Ripley Cobb, to be sole executor of this my last will and testament: Provided however, that if the…
1Opinion of the CourtThomas, J.
The question upon the bill, answer and agreed statement of facts is, whether the plaintiff in equity, the administrator with the will annexed of the estate of Mrs. Cobb, shall pay over the money in his hands, the proceeds of personal property of the testatrix, to Nathaniel R. Cobb, or whether the same shall be held in trust, the income paid to. said Cobb during his *146life, and, at his decease, the principal to his children, if he shall have any, otherwise, to the Newton Theological Seminary, and the nephews and nieces named in the will.
The doctrine is well settled, that if a legacy is given…
2Cases cited4 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Gracie v. New-York InsuranceNew York Supreme Court · 1816