Howland v. Howland
Massachusetts Supreme Judicial Court
Bill in equity, filed in Bristol in March 1857 by the executors of the will of George Howland, to obtain the directions of the court as to the disposal of his estate.
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Bill in equity, filed in Bristol in March 1857 by the executors of the will of George Howland, to obtain the directions of the court as to the disposal of his estate. The case, as appearing from the bill, answers and master’s report, upon which it was heard, was as follows: George Howland died on the 22d of May 1852, and by his will, made on the 11th of May, and admitted to probate on the 1st of June 1852, (besides certain devises and bequests for the benefit of his wife, and for the establishment of a school, which are not material to be stated,) and appointing his five sons to be executors…
1Opinion of the CourtShaw, C. J.
1. The court are of opinion that the gift of $5000 for afterborn children indefinitely cannot be earned into effect, because inconsistent with the general intent of the will. It must therefore be limited to a period at which the residue becomes formed, and is, by the general intent of the will, to be distributed. The two intents; 1st. To keep the estate open indefinitely; and, 2d. That the testator’s own children shall enjoy the residue in their lifetime; are incompatible, and one must yield. The intent that the children shall enjoy as soon as the residue shall be formed is the leading…
2Cited by1 opinion
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