Wood v. Seaver
Massachusetts Supreme Judicial Court
Appeal by Anna M. Seaver, executrix of the will of Abraham W. Seaver, from a decree of the Probate Court adjudging that, by the death of the appellant’s testator in- the lifetime of Ada-line K. Nelson, under whose will he was a legatee, his legacy lapsed. The case was heard by Holmes, J., who reserved it for the consideration of the full court, on agreed facts, in substance as follows.
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Appeal by Anna M. Seaver, executrix of the will of Abraham W. Seaver, from a decree of the Probate Court adjudging that, by the death of the appellant’s testator in- the lifetime of Ada-line K. Nelson, under whose will he was a legatee, his legacy lapsed. The case was heard by Holmes, J., who reserved it for the consideration of the full court, on agreed facts, in substance as follows. Adaline K. Nelson died on March 2, 1889, and by her will, which was duly admitted to probate, gave pecuniary legacies to Abraham W. Seaver and to several others, and added after the residuary bequest, “ All the…
1Opinion of the CourtField, C. J.
The contention of the appellant is that the words, “ All the aforesaid legacies are to them and their heirs,” found at the close of item 17 of the will, mean that the legacies are given to the legatees named in the will if alive at the death of the testatrix; but if not alive at that time, then to their heirs, respectively. “ And ” in a will is sometimes read “ or,” when the context shows that such is the intention of the testator, but there is nothing in the context here which shows that the word has not its customary meaning. In a legacy of personal property to a legatee named and his…
2Cases cited1 opinion
- Kimball v. StoryMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1897
- Horton v. EarleMassachusetts Supreme Judicial Court · 1894
- Stone v. StoneWisconsin Supreme Court · 1916
- Farnsworth v. WhitingSupreme Judicial Court of Maine · 1906
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