Dow v. Doyle
Massachusetts Supreme Judicial Court
Bill in equity by the executors of the will of Abijah Thompson, and the trustees under said will, praying for instructions.
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Bill in equity by the executors of the will of Abijah Thompson, and the trustees under said will, praying for instructions. The material facts, as they appeared by the bill and answer, on which the case was reserved for the determination of the full court, were as follows : The testator in 1866 made his will, by the fifth clause of which he gave ¡§15.000 to trustees in trust to pay the net income thereof to his daughter, Julia Ann Doyle, during her life; upon her death the income to go to her son William B. Doyle, during his life; in case, however, that his daughter should die before her son…
1Opinion of the CourtGray, J.
The testator, in the fifth clause of his will, by directing his executors to procure a suitable residence for his daughter Julia at an expense not exceeding six thousand dollars, and to hold the same in trust for her and her son William “ during their lives; ” and, “ upon the decease of both,” devising said property over; clearly gave that daughter and her son an interest during their joint lives and the life of the survivor, which on her death before the testator’s did not lapse, but went to her son for life. Prescott v. Prescott, 7 Met. 141. Loring v. Coolidge, 99 Mass. 191. This devise to…
2Cases cited1 opinion
- Loring v. CoolidgeMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
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- Addicks v. AddicksIllinois Supreme Court · 1914
- Smith v. UsherSupreme Court of Georgia · 1899
- Union National Bank v. HunterCalifornia Court of Appeal · 1949
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