Minot v. Attorney General
Massachusetts Supreme Judicial Court
Bill in equity, filed December 9, 1904, by the executors under the will of Joseph B. Glover, late of Boston, for instructions. The case came on to be heard before Hammond, J. on the facts alleged in the petition, which were admitted, and was reserved by the justice on those facts for determination by the full court, such order and decree to be made as justice and equity might require. The article of the will to be interpreted was as follows: “Ninth.
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Bill in equity, filed December 9, 1904, by the executors under the will of Joseph B. Glover, late of Boston, for instructions. The case came on to be heard before Hammond, J. on the facts alleged in the petition, which were admitted, and was reserved by the justice on those facts for determination by the full court, such order and decree to be made as justice and equity might require. The article of the will to be interpreted was as follows: “Ninth. I give and devise to my executors and the survivor of them, or whomsoever shall lawfully have the execution of this my will, all the residue and…
1Opinion of the CourtBraley, J.
Upon the final settlement of the testator’s estate there will remain in the possession of the executors a large sum to be disposed of under the residuary clause of his will. The question presented for our decision is to whom' shall it be paid.
"We first consider the claim advanced by the executors, that as legatees they are entitled absolutely to the fund discharged from any trust. Though they are not referred to by name, the opening words of the clause would afford the semblance of a ground in support of this construction, if the language used remained unqualified by the context. But after…
2Cases cited19 opinions
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Wheeler v. SmithSupreme Court of the United States · 1850
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Bowditch v. Attorney GeneralMassachusetts Supreme Judicial Court · 1922
- Molly Varnum Chapter, D. A. R. v. City of LowellMassachusetts Supreme Judicial Court · 1910
- Clark v. CampbellSupreme Court of New Hampshire · 1926
27 more not listed; retrieve them via the Exa API.