Hall v. Hall
Massachusetts Supreme Judicial Court
Bill in equity by Francis A. Hall and Henry A. Whitney, executors of, and trustees under, the will of Andrew T. Hall, to obtain the instructions of the court.
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Bill in equity by Francis A. Hall and Henry A. Whitney, executors of, and trustees under, the will of Andrew T. Hall, to obtain the instructions of the court. The will, dated July 9, 1875, and admitted to probate January 3,1876, after bequeathing and devising the residue of the testator’s estate to his wife for life, and, after her death, to his daughter absolutely, contained, besides other provisions not material to be stated, the following: “ I also give and bequeath to the said Francis A. Hall and Henry Austin Whitney, if they or either of them shall be living at the time of my decease,…
1Opinion of the CourtMorton, J.
Before the clause presented for our consideration, the will makes no mention of any grandchildren. The clause is, therefore, void for an uncertainty, or the words “ said ” and ‘ last mentioned ” must be rejected as inadvertently usedj *124and the clause be construed as a bequest to his grandchildren as a class. Adopting the latter construction, as most favorable to the grandchildren, and as most probably carrying out the intentions of the testator, the question is presented whether the bequest is void because it violates the rule against perpetuities.
It is a testamentary gift to a class of…
2Cases cited4 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
- Hatfield v. SohierMassachusetts Supreme Judicial Court · 1873
- Worcester v. WorcesterMassachusetts Supreme Judicial Court · 1869
3Cited by27 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Minot v. PaineMassachusetts Supreme Judicial Court · 1918
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