Merriam v. Simonds
Massachusetts Supreme Judicial Court
Petition by Mary Merriam and Julia M. Stetson, for partition of certain lands in Boston. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows: By the will of Jonathan Simonds, under which all parties derived their titles, and which was executed on July 29,1834, and admitted to probate on February 23,1835, after certain devises to trustees for the benefit of his sons George W. and Albert, dur-tig their lives, it was provided in…
Read the full summary
Petition by Mary Merriam and Julia M. Stetson, for partition of certain lands in Boston. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows: By the will of Jonathan Simonds, under which all parties derived their titles, and which was executed on July 29,1834, and admitted to probate on February 23,1835, after certain devises to trustees for the benefit of his sons George W. and Albert, dur-tig their lives, it was provided in the fifteenth clause as follows: “ But in case both my son George W. and Albert should die without issue, my will is…
1Opinion of the CourtDevens, J.
The fifteenth clause of the testator’s will provides that if both of his sons should die without issue, all the estate devised for their benefit should be divided among certain nephews and nieces “ during their natural lives, and after their decease to be equally divided among their children or legal representatives.” The devise to the nephews and nieces has already been decided to be one which would take effect and not be void for remoteness. Simonds v. Simonds, 112 Mass. 157. What were the rights of “their children or legal representatives,” upon the death of such nephews and nieces, it was…
2Cases cited2 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Simonds v. SimondsMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
- Dole v. KeyesMassachusetts Supreme Judicial Court · 1887
- Olney v. LoveringMassachusetts Supreme Judicial Court · 1897
- Peck v. CarltonMassachusetts Supreme Judicial Court · 1891
12 more not listed; retrieve them via the Exa API.