Merrill v. Preston
Massachusetts Supreme Judicial Court
Bill in equity, filed June 22, 1882, by a trustee, to obtain the instructions of this court, and alleging the following facts: On February 22, 1877, Sarah S. Preston and Horatio W. Preston, her son, executed in this Commonwealth, where they were then domiciled, an instrument, by which they conveyed certain personal property to the plaintiff, in trust to pay over the net income which might arise from two ninth parts of said property, semiannually, to Alonzo F. Preston and…
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Bill in equity, filed June 22, 1882, by a trustee, to obtain the instructions of this court, and alleging the following facts: On February 22, 1877, Sarah S. Preston and Horatio W. Preston, her son, executed in this Commonwealth, where they were then domiciled, an instrument, by which they conveyed certain personal property to the plaintiff, in trust to pay over the net income which might arise from two ninth parts of said property, semiannually, to Alonzo F. Preston and John A. Preston each, during his life, and at his decease to divide one of said two ninth parts among his children, and the…
1Opinion of the CourtHolmes, J.
The different sets of defendants all claim under a limitation to the “ heirs at law ” of Horatio W. Preston, each asserting that they are the persons designated. In order to decide between them, we must determine first whether the words “heirs at law” are to be taken to mean heirs at law, or next of kin, or persons entitled under the statute of distributions ; next, by what law the members of the class in question are to be ascertained; and then, finally, who they are.
Upon the first question, which turns on the construction of a Massachusetts instrument, and must depend on Massachusetts law,…
2Cases cited4 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Sweet v. DuttonMassachusetts Supreme Judicial Court · 1872
- Aspden's EstateUnited States Circuit Court · 1853
3Cited by11 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
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