Towle v. Swasey
Massachusetts Supreme Judicial Court
Bill oe interpleader filed by the administrator with the will annexed of George B. Swasey, praying that the devisees and legatees under the will might interplead as to the effect of a deficiency of the assets to satisfy the gifts to them. Hearing before Colt, J., who reported the case for the determination of the full court.
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Bill oe interpleader filed by the administrator with the will annexed of George B. Swasey, praying that the devisees and legatees under the will might interplead as to the effect of a deficiency of the assets to satisfy the gifts to them. Hearing before Colt, J., who reported the case for the determination of the full court. The material facts, as they appeared from the report, were as follows: George B. Swasey made his will August 29, 1865. By the first clause, he gave the good will of his business to a person who had been in his employment; by the second, third, fourth and fifth clauses, he…
1Opinion of the CourtColt, J.
In the administration of testamentary assets, the general rule is, that when there is a deficiency after the payment of debts, expenses and specific legacies, the loss shall be borne entirely by those pecuniary legacies which are in their nature general. The testator, in the absence of clear proof to the contrary, must be deemed to have acted upon the belief that his *105estate would be sufficient to answer the purposes to which he devotes it. Men do not ordinarily go through the formality of making wills and disposing of property which they do not own, or do not reasonably hope to become…
2Cases cited2 opinions
- Pollock v. LearnedMassachusetts Supreme Judicial Court · 1869
- Shepherd v. GuernseyNew York Court of Chancery · 1841
3Cited by68 opinions
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
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