Towns v. Weston
Massachusetts Supreme Judicial Court
Bill oe interpleader by the executors of the will of Nathaniel Weston. The case as it appeared by the bill and answers, on which it was heard by Undieott, J., was as follows: Nathaniel Weston died on February 15, 1881, leaving, a will dated May 8, 1877, and a codicil dated September 5, 1878, both of which were duly admitted to probate.
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Bill oe interpleader by the executors of the will of Nathaniel Weston. The case as it appeared by the bill and answers, on which it was heard by Undieott, J., was as follows: Nathaniel Weston died on February 15, 1881, leaving, a will dated May 8, 1877, and a codicil dated September 5, 1878, both of which were duly admitted to probate. The will, after giving certain legacies, devised and bequeathed the rest and residue of the testator’s estate to trustees in trust to invest $6500, and pay over the income to persons named, and proceeded as follows: “ The residue to be invested and the income…
1Opinion of the CourtDevens, J.
It is quite apparent that the testator did not intend to remain intestate as to any part of his property, but to dispose of the whole. After some legacies, he devises and bequeaths the rest and residue of his estate to trustees, to be invested for the benefit of his four nephews. &As each dies, his proportion of the principal from which he derived his income is to go to his issue, and, in default of issue, to whomsoever he may by will devise the same. It is only in the remote contingency of the death of one of these nephews without issue, and without having made a testamentary disposal of his…
2Cases cited1 opinion
- Weston v. WestonMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Jones v. GaneMassachusetts Supreme Judicial Court · 1910
- Hedge v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1925
- Bronson v. PinneySupreme Court of Connecticut · 1943
- Norton v. MorenCourt of Appeals of Kentucky · 1924
- Siders v. SidersMassachusetts Supreme Judicial Court · 1897
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