Cummings v. Cummings
Massachusetts Supreme Judicial Court
Bill in equity, filed April 8,1887, by the surviving executor of the will of George Cummings, to obtain the instructions of the court as to the payment of the annuity mentioned in the second clause, and the distribution of the residue provided for in the sixteenth clause. The will, omitting the parts merely formal, was as follows: 1. “ Imprimis.
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Bill in equity, filed April 8,1887, by the surviving executor of the will of George Cummings, to obtain the instructions of the court as to the payment of the annuity mentioned in the second clause, and the distribution of the residue provided for in the sixteenth clause. The will, omitting the parts merely formal, was as follows: 1. “ Imprimis. My will is that all my just debts and funeral charges, and the, legacies hereinafter given shall by my executors hereinafter named be paid out of my estate, as soon after my decease as shall by them be found convenient. 2. “ Item. I give, devise and…
1Opinion of the CourtKnowlton, J.
This ease presents three questions: First, Is the estate of the residuary legatees to be deemed to have vested in those who were the testator’s heirs at the time of his death, or is it to be distributed among those who were his blood relations at the time of the death of his widow? Secondly, Do these legatees take per stirpes or per capita f Thirdly, Was the annual payment of twelve hundred dollars to the testator’s widow, under the second clause of the will, to be made from the income of the estate in the hands' of the executors, or from the principal ?
It seems very clear that the gift of…
2Cases cited5 opinions
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Hall v. HallMassachusetts Supreme Judicial Court · 1885
- Pike v. StephensonMassachusetts Supreme Judicial Court · 1868
- Rand v. SangerMassachusetts Supreme Judicial Court · 1874
3Cited by41 opinions
- Bolster v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1946
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Parkhurst v. GinnMassachusetts Supreme Judicial Court · 1917
- Hale v. HobsonMassachusetts Supreme Judicial Court · 1897
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