King v. Savage
Massachusetts Supreme Judicial Court
Bill in equity by tbe trustee under the will and codicil of Oliver Hubbard, to obtain the instructions of the court. The will was dated December 2, 1848, and contained, besides other provisions not material to be stated, the following: “First.
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Bill in equity by tbe trustee under the will and codicil of Oliver Hubbard, to obtain the instructions of the court. The will was dated December 2, 1848, and contained, besides other provisions not material to be stated, the following: “First. I give and bequeath unto John G. King, of said Salem, Esquire, the sum of two thousand dollars, upon this trust, that he shall keep the same at interest, and pay the net annual income thereof to my niece, Mrs. Mary A. Saunders, widow of Jonathan P. Saunders, late of said Salem, during her life, and, at her decease, my said trustee shall divide the said…
1Opinion of the CourtGray, C. J.
In every case in which this testator by his will gave an estate for life, he gave the remainder over to the children of the life tenant, and in no case gave anything to the issue of such a child, otherwise than by providing that if the child had deceased, its issue should “ take the share of their deceased parent.” In such a provision, the word “issue” would be limited to children. Sibley v. Perry, 7 Ves. 522. Pruen v. Osborne, 11 Sim. 132. And, by the devise for the benefit of the four children of his sister, Mrs. Savage, during their lives, “ and upon the decease of either of them, the…
2Cited by20 opinions
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