Pendergast v. Tibbetts
Massachusetts Supreme Judicial Court
Bill in equity, filed February 10, 1894, by the executor of the will of John Tibbetts, to obtain the instructions of the court as to the construction of the will, which contained the following clauses: “ Second.
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Bill in equity, filed February 10, 1894, by the executor of the will of John Tibbetts, to obtain the instructions of the court as to the construction of the will, which contained the following clauses: “ Second. I give and bequeath to my niece, Mrs. Abby Nutter of Rochester, N. EL, the sum of ten thousand dollars ($10,000); to my niece Mrs. Susan Whitehouse, of said Rochester, the sum of ten thousand dollars ($10,000); to my niece Mrs. Lydia Varney, of said Rochester, the sum of ten thousand dollars ($10,000); to my niece Mrs. Ruth Hartford, of said Rochester, the sum of two thousand dollars…
1Opinion of the CourtMorton, J.
By his will the testator gives various pecuniary legacies to and for certain persons named therein, who are all relatives, and then divides the rest and residue amongst them in proportion to the respective amounts thus given. Among the *272legatees named in the will are Abby Nutter, Susan Whitehouse, and Lydia Varney, all nieces of the testator, who are given in the second clause the sum of ten thousand dollars each. By the codicil, clause second, the testator revokes these legacies and “ in place thereof ” gives and bequeaths to each of his said nieces the sum of five thousand dollars, and by…
2Cases cited4 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Colt v. ColtSupreme Court of Connecticut · 1865
- Holden v. BlaneyMassachusetts Supreme Judicial Court · 1876
- Chapin v. ParkerMassachusetts Supreme Judicial Court · 1892
3Cited by7 opinions
- Brown v. WrightMassachusetts Supreme Judicial Court · 1907
- Taft v. StearnsMassachusetts Supreme Judicial Court · 1920
- Sias v. ChaseMassachusetts Supreme Judicial Court · 1911
- Gillespie v. GillespieNew Jersey Court of Chancery · 1924
- Kennedy v. MocklerNew Jersey Superior Court Appellate Division · 1955
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