Blodgett v. Stowell
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Suffolk upon a bill in equity filed in that court on February 8, 1904, by the trustees under the will of Caleb Stowell, late of Boston, for instructions. The decree in the Probate Court was made by Crrant, J., who ordered a distribution excluding Maude E. Stowell, an adopted daughter of Lemuel C. Stowell, a son of the plaintiffs’ testator.
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Appeal from a decree of the Probate Court for the county of Suffolk upon a bill in equity filed in that court on February 8, 1904, by the trustees under the will of Caleb Stowell, late of Boston, for instructions. The decree in the Probate Court was made by Crrant, J., who ordered a distribution excluding Maude E. Stowell, an adopted daughter of Lemuel C. Stowell, a son of the plaintiffs’ testator. The case came on to be heard before Braley, J., who reserved it upon the pleadings and an agreed statement of facts for determination by the full court.
1Opinion of the CourtMorton, J.
The only question presented for decision in this case is whether Maude E. Stowell, the adopted daughter of Lemuel C. Stowell, a son of Caleb Stowell, takes, as heir or issue of Lemuel, certain real estate and the income thereof devised in trust by the will of Caleb. It is not contended that the property with the accumulated income would not go to the children and grandchildren of the sisters of Lemuel as decreed by the Probate Court if the said Maude does not take as the adopted daughter of Lemuel.
Caleb Stowell died testate in January, 1867, and his will was duly probated in the following…
2Cases cited5 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Wyeth v. StoneMassachusetts Supreme Judicial Court · 1887
- Buckley v. FrasierMassachusetts Supreme Judicial Court · 1891
- International Trust Co. v. WilliamsMassachusetts Supreme Judicial Court · 1903
3Cited by28 opinions
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- McFadden v. McNortonSupreme Court of Virginia · 1952
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Smith v. ThomasIllinois Supreme Court · 1925
- In Re the Probate of the Alleged Will of HolibaughSupreme Court of New Jersey · 1955
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