Welch v. Blanchard
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on October 10,1910, by the trustees under the will of John Dove, late of Andover, for instructions. The case was heard by BraUy, J., upon the bill, answers and certain facts agreed upon by counsel.
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on October 10,1910, by the trustees under the will of John Dove, late of Andover, for instructions. The case was heard by BraUy, J., upon the bill, answers and certain facts agreed upon by counsel. The single justice ruled that, under the eighth clause of the will, which is described in the opinion, the testator’s heirs were to be ascertained as of the date of his death and not as of the date of the death of his last surviving daughter, ordered a decree to be entered that the fund was to be distributed accordingly, and at the request of…
1Opinion of the CourtLoring, J.
By the eighth article of his will John Dove gave one sixth of the residue of his estate to his son outright and five sixths thereof to trustees to pay the income thereof to all his daughters, in equal shares, and to the issue of any deceased daughter (such issue taking their mother’s share); and “ after the decease of the survivor of my daughters the trust fund created by this item shall be distributed to those persons who may then take the same as my heirs.” John Dove died in 1876, and the last surviving daughter died in 1910. The question we have to decide is whether by the true…
2Cases cited6 opinions
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Dove v. TorrMassachusetts Supreme Judicial Court · 1879
- Minot v. TappanMassachusetts Supreme Judicial Court · 1877
- Jewett v. JewettMassachusetts Supreme Judicial Court · 1908
- Peck v. CarltonMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Crowell v. ChapmanMassachusetts Supreme Judicial Court · 1926
- Barker v. MonksMassachusetts Supreme Judicial Court · 1944
17 more not listed; retrieve them via the Exa API.