Minot v. Taylor
Massachusetts Supreme Judicial Court
Bill in equity by the trustee under the will of William Taylor to obtain the instructions of the court. Hearing before Undieott, J., who reported, for the consideration of the full court, the following case: William Taylor died in February 1838, leaving, as his only heirs and next of kin, 1st, a son, John P., 2d, a son, William, 3d, a daughter, Sarah A. W. Kennedy, a widow, having a son then living, William T. Kennedy, and 4th, six children of his deceased son Henry.
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Bill in equity by the trustee under the will of William Taylor to obtain the instructions of the court. Hearing before Undieott, J., who reported, for the consideration of the full court, the following case: William Taylor died in February 1838, leaving, as his only heirs and next of kin, 1st, a son, John P., 2d, a son, William, 3d, a daughter, Sarah A. W. Kennedy, a widow, having a son then living, William T. Kennedy, and 4th, six children of his deceased son Henry. The testator by his will, which was duly admitted to probate, after providing for the payment of certain legacies, devised the…
1Opinion of the CourtMorton, J.
The will of William Taylor is somewhat confused in expression, but the general purpose and scheme of the testator is clearly apparent. He intended to divide the residue of his estate, after paying certain legacies, into four equal parts, one fourth part to go to the benefit of each of his three children who survived him and their issue respectively, and one fourth part to the children of his deceased son Henry and their issue. He gives an equitable life estate in one fourth part to each of his surviving sons with a limitation over to his issue, a life estate to the children of his deceased…
2Cited by23 opinions
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Stone v. BradleeMassachusetts Supreme Judicial Court · 1903
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Wahl v. BrewerCourt of Appeals of Maryland · 1894
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