Legal Opinion

Batchelder

Massachusetts Supreme Judicial Court

Decided October 19, 1888PublishedCited by 16 opinions

Petition in equity, filed March 10, 1887, by John L. Batchelder and David O. Paige, executors of the will of Henry L. Batchelder, for instructions as to the disposition of certain portions of the estate. Hearing before Devens, J., who reported the case for the consideration of the full court, so far as material, as follows.

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Petition in equity, filed March 10, 1887, by John L. Batchelder and David O. Paige, executors of the will of Henry L. Batchelder, for instructions as to the disposition of certain portions of the estate. Hearing before Devens, J., who reported the case for the consideration of the full court, so far as material, as follows. The will, which was dated December 7, 1882, after absolute gifts to the testator’s mother and to his wife’s mother of $1,000 each, and in the third clause of $16,000 and other property real and personal to his wife, Alta L. Batchelder, contained in the fourth clause a…

1Opinion of the CourtHolmes, J.

This is a bill for instructions, brought by the executors of the will of Henry L. Batchelder. It is agreed that the testator and his wife died at the same time, in the wreck of *468the steamer City of Columbus, (see Coye v. Leach, 8 Met. 371, 375,) and the main question is whether a legacy of $15,000 to the testator’s wife passes under the residuary clause of the will. The residuary clause gives “all the rest and residue of my estate, real, personal, or mixed,” to trustees for the testator’s wife during her life, and at her death it gives “ all of said estate so devised and bequeathed to trustees…

2Cases cited6 opinions

  1. Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
  2. Lovering v. LoveringMassachusetts Supreme Judicial Court · 1880
  3. Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1872
  4. Kirkland v. NarramoreMassachusetts Supreme Judicial Court · 1870
  5. Dane v. WalkerMassachusetts Supreme Judicial Court · 1872

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3Cited by16 opinions

  1. Dexter v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1900
  2. Bemis v. ConverseMassachusetts Supreme Judicial Court · 1923
  3. Crocker v. CrockerMassachusetts Supreme Judicial Court · 1918
  4. Ladd v. ChaseMassachusetts Supreme Judicial Court · 1892
  5. Thompson v. MartinMassachusetts Supreme Judicial Court · 1932

11 more not listed; retrieve them via the Exa API.

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