Pollock v. Learned
Massachusetts Supreme Judicial Court
Bill in equity filed by the widow of William Pollock against trustees under the St. of 1861, c. 164, to obtain a decision of the court upon her right to the income of the portion of the personal estate of her deceased husband, exceeding $10,000, to which she was entitled by that statute, which enacts, in § 1, that, on the death of a testator, his widow may waive the provisions made for her in the will, and become thereby entitled to such portion of the estate as she would…
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Bill in equity filed by the widow of William Pollock against trustees under the St. of 1861, c. 164, to obtain a decision of the court upon her right to the income of the portion of the personal estate of her deceased husband, exceeding $10,000, to which she was entitled by that statute, which enacts, in § 1, that, on the death of a testator, his widow may waive the provisions made for her in the will, and become thereby entitled to such portion of the estate as she would have been entitled to if he had died intestate, provided that, if the share of the personal estate to which she would thus…
1Opinion of the CourtColt, J.
The bill alleges that the plaintiff, as widow, is entitled absolutely to a specified portion of that part of the estate which has been paid by the executors, under a decree of the probate court, to the trustees appointed under the St. of 1861, c. 164.
The trustees, under this statute, are entitled to receive and hold only that amount, in excess of ten thousand dollars, the income of which is to be paid to the widow during life. And it may be that the decree of the probate court would ordinarily be conclusive in fixing a sum the income of which is to be so paid. In this case, by an agreement…
2Cases cited2 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Cooke v. . MeekerNew York Court of Appeals · 1867
3Cited by17 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Lawrence v. Security Co.Supreme Court of Connecticut · 1888
- Will of LeitschWisconsin Supreme Court · 1924
- Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019
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