Legal Opinion

Putnam v. Story

Massachusetts Supreme Judicial Court

Decided January 30, 1882PublishedCited by 56 opinions

Bill in equity, filed December 24, 1879, by the administrator de bonis non with the will annexed of William Burrows, against Franklin H. Story, William G. A. Drake, Emma Geller, Albert C. Woodworth, William B. Bowles, Robert O. M. Bowles, Charles S. P. Bowles, Albert G. Bowles, William F. Stetson, Henry C. Stetson and Frances Rogers, for the instructions of the court.

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Bill in equity, filed December 24, 1879, by the administrator de bonis non with the will annexed of William Burrows, against Franklin H. Story, William G. A. Drake, Emma Geller, Albert C. Woodworth, William B. Bowles, Robert O. M. Bowles, Charles S. P. Bowles, Albert G. Bowles, William F. Stetson, Henry C. Stetson and Frances Rogers, for the instructions of the court. Hearing before JEndicott, J., who reported for the consideration of the full court the following case, such decree to be entered as law and justice might require: William Burrows died on October 19, 1837, seised of real and…

1Opinion of the CourtMorton, C. J.

The principal question, and one which underlies most of the other questions in the case, is whether the children of Frances Bowles took any interest, during the life of the testator’s widow and of their mother, which was assignable.

*210It is clear that under the bequest those would take the estate who were heirs of Frances Bowles at her decease, so that her children did not, during her life, take a vested remainder which would descend to their heirs or representatives. Each took an interest in the nature of a contingent remainder, liable to be defeated by his death before his parent. But the…

2Cases cited6 opinions

  1. Moore v. LyonsNew York Supreme Court · 1840
  2. Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
  3. Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
  4. Putnam v. GleasonMassachusetts Supreme Judicial Court · 1868
  5. Belcher v. BurnettMassachusetts Supreme Judicial Court · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  2. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  3. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  4. Clarke v. FayMassachusetts Supreme Judicial Court · 1910
  5. Markham v. WatermanSupreme Court of Kansas · 1919

51 more not listed; retrieve them via the Exa API.

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