Parsons v. Winslow
Massachusetts Supreme Judicial Court
This action was assumpsit for 2000 dollars had and received by the defendant to the use of the plaintiffs. It came before the Court on a case stated by the parties, which is substantially as follows, it being agreed that the plaintiffs should have liberty to file a new declaration: — John Gray, who was the former husband of Mrs. Parsons, on the 1 9th of April, 1805, made his last will, which contained, among other things, the following bequest and devises to his said wife,…
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This action was assumpsit for 2000 dollars had and received by the defendant to the use of the plaintiffs. It came before the Court on a case stated by the parties, which is substantially as follows, it being agreed that the plaintiffs should have liberty to file a new declaration: — John Gray, who was the former husband of Mrs. Parsons, on the 1 9th of April, 1805, made his last will, which contained, among other things, the following bequest and devises to his said wife, viz.. one third of his real estate during her natural life, she keeping the same in good repair; — also all his household…
1Opinion of the CourtSedgwick, J.
The first question that presents itself is, What was the intention of the testator, as to the annuity, which he gave, by *143his will, to his wife ? was it to continue for her life ? or, if she should marry, only during her widowhood ? If that intention can be discovered, it must be carried into effect, if it can be done consistently with the rules of law.
In investigating the meaning of the testator, every part of the will, in relation to the subject of inquiry, must be taken into consideration.
The bequest is made in the following words: “ Likewise I give and bequeath to General John Winslow, of…
2Cited by28 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Estate of HiteCalifornia Supreme Court · 1909
- Webster v. MorrisWisconsin Supreme Court · 1886
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
- Rudd v. SearlesMassachusetts Supreme Judicial Court · 1928
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