Wyeth v. Stone
Massachusetts Supreme Judicial Court
Writ of entry, by the nephews and nieces of Catherine Baker, to recover a parcel of land in Waltham. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtMorton, C. J.
Jalel Baker died in 1873, leaving a widow, Catherine, and no children except an adopted daughter, Eliza Stone. By his will he left all his property to a trustee, who was to pay all the income to his wife during her life.
By the second clause, he gave, at the death of his wife, pecuniary legacies to certain nephews and nieces of himself and of his wife, describing them as “ my nephews and nieces." The third clause is as follows: “After the payment of the foregoing legacies, I give, bequeath, and devise all the remainder of my estate to my adopted daughter, Eliza Stone, wife of Howard Stone of…
2Cases cited1 opinion
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
3Cited by39 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Bray v. MilesIndiana Court of Appeals · 1899
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