Leonard v. Haworth
Massachusetts Supreme Judicial Court
.Petition to the Judge of Probate of the County of Middle-sex, by the executor of the will of James Leonard, to obtain the instructions of the court as to the construction thereof. The judge entered a decree, from which Clarissa W. Haworth, a sister of the testator, appealed to this court.
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.Petition to the Judge of Probate of the County of Middle-sex, by the executor of the will of James Leonard, to obtain the instructions of the court as to the construction thereof. The judge entered a decree, from which Clarissa W. Haworth, a sister of the testator, appealed to this court. Hearing before Lathro'p, J., who, at the request of the parties, reserved the case on the papers on file and an agreed statement of facts, the court to draw inferences of fact as it might see fit, for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The questions for decision are whether the testator’s estate is to be held in trust; whether a part of his estate shall be retained to meet and discharge the funeral expenses of his widow and to place a suitable tablet at the head of her grave, notwithstanding the fact that she has waived the provisions of his will; and whether, under the direction that “ when my wife has deceased and her funeral expenses have been paid and all the provisions named in this will have been carried out, I will what is left of my estate be devided among my nearest of kin,” those who were the testator’s nearest of…
2Cases cited6 opinions
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Brandenburg v. ThorndikeMassachusetts Supreme Judicial Court · 1885
- Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- St. Louis Union Trust Co. v. KaltenbachSupreme Court of Missouri · 1945
- Johnston v. WillisCourt of Appeals of Maryland · 1925
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Sloan v. BeattyIllinois Supreme Court · 1953
- Boynton v. BoyntonMassachusetts Supreme Judicial Court · 1929
14 more not listed; retrieve them via the Exa API.