Baxter v. Baxter
Massachusetts Supreme Judicial Court
Bill m equity by the executors and trustees of the will of Alexander Baxter, to obtain the instructions of the court. The will contained, besides other provisions not material to be stated, the following: “5. I give to my brother, Allen Baxter, the use of the dwelling-house he now occupies, and the use of three acres of land near the house occupied by Benajah Whelden, during his natural life.
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Bill m equity by the executors and trustees of the will of Alexander Baxter, to obtain the instructions of the court. The will contained, besides other provisions not material to be stated, the following: “5. I give to my brother, Allen Baxter, the use of the dwelling-house he now occupies, and the use of three acres of land near the house occupied by Benajah Whelden, during his natural life. Also, the interest on $6000 for the same time, and should he die before his wife, she to have the interest on $4000, during her natural life, and the remaining $2000 to be divided amongst my nephews,…
1Opinion of the CourtAmes, J.
The general intent of the testator in the 32d clause of the will does not appear to us to admit of any doubt. He clearly intended that the residue of his property should be equally divided among his brothers and, sisters, and their issue by right of representation, with no other qualification than that the share of his brother Allen should be held in trust in such a manner that he should have the income for life, and that upon his decease his share should go to the other relatives. The will shows throughout that the provision made by the testator for his brother Allen was in the form of an…
2Cited by3 opinions
- Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
- Loring v. ClappMassachusetts Supreme Judicial Court · 1958
- Stevens v. UnderhillSupreme Court of New Hampshire · 1883