Babbidge v. Vittum
Massachusetts Supreme Judicial Court
Bill in equity, filed by the executors and trustees under the will of Thomas Wentworth Peirce, against numerous legatees under the will, including the two minor children of the testator, a son and daughter, and the Attorney General, for instructions as to whether the legacies to the children of the testator are entitled, under the provisions of articles sixth, seventh, and eighth of the will, to priority over all other subsequent legacies and gifts.
Read the full summary
Bill in equity, filed by the executors and trustees under the will of Thomas Wentworth Peirce, against numerous legatees under the will, including the two minor children of the testator, a son and daughter, and the Attorney General, for instructions as to whether the legacies to the children of the testator are entitled, under the provisions of articles sixth, seventh, and eighth of the will, to priority over all other subsequent legacies and gifts. The case was heard by Morton, J., who reported it for the consideration of the full court. The following are the articles of the will which are…
1Opinion of the CourtHolmes, J.
This is a bill for instructions, brought to ascertain whether the legacies in the sixth, seventh, and eighth articles of the will of the late Thomas Wentworth Peirce are entitled to priority over all subsequent legacies and gifts. More narrowly, the question is between the articles just mentioned, and the ninth, tenth, eleventh, and twelfth articles, as the legacies in the thirteenth and fourteenth articles are, respectively, “ out of any property which may then remain,” and “ all which then remains,” and are admitted to be postponed. The bequests and devises in the earlier articles of the…
2Cases cited2 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
- Porter v. HoweMassachusetts Supreme Judicial Court · 1899
- Loring v. ThompsonMassachusetts Supreme Judicial Court · 1903
- In re the Estate of GoldmanNew York Surrogate's Court · 1956
- Quinlan v. FeganMassachusetts Supreme Judicial Court · 1929
- In re the Estate of IsraelNew York Surrogate's Court · 1941