Coveny v. McLaughlin
Massachusetts Supreme Judicial Court
Petition for partition of real estate, situated and numbered 17 on Harris Street, formerly Bartlett Street, in Boston, the property at his decease of John Coffey. Trial in this court, before Field, J., who reported the case for the consideration of the full court, the report, so far as material, being as follows.
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Petition for partition of real estate, situated and numbered 17 on Harris Street, formerly Bartlett Street, in Boston, the property at his decease of John Coffey. Trial in this court, before Field, J., who reported the case for the consideration of the full court, the report, so far as material, being as follows. John Coffey died on June 25, 1867, leaving a will, which was duly admitted to probate, and which, with the exception of parts merely formal, was as follows : “My affectionate wife, who has been to me a source of so much happiness, must be tenderly provided for. Care must be taken…
1Opinion of the CourtC. Allen, J.
The testator devised his dwelling-house to his wife for her life, and added, “ but on her decease I give' and devise the same to my surviving children, to be divided equally between them.” Five children survived the testator, but only two survived the wife; and the question is whether the word “ surviving ” relates to the time of the testator’s death or to that *578of his wife’s death. According to the natural use of language, it has reference to the latter event. It is placed in close connection with her decease. Ho reference is made to the time of his own death in any part of the will. The word…
2Cases cited1 opinion
- Denny v. KettellMassachusetts Supreme Judicial Court · 1883
3Cited by17 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Driskill v. CarwileSupreme Court of Virginia · 1926
- Ball v. HollandMassachusetts Supreme Judicial Court · 1905
- Mullaney v. MonahanMassachusetts Supreme Judicial Court · 1919
- Pulse v. OsbornIndiana Court of Appeals · 1902
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