Carr v. New England Anti-Vivisection Society
Massachusetts Supreme Judicial Court
Bill in equity for instructions, filed in the Probate Court for the county of Suffolk on December 7, 1918, by the trustee under the will of Peter L. Willcutt, late of Boston, who also was executor of the will of Jane M. Willcutt, widow of Peter L. Willcutt and life beneficiary under his will.
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Bill in equity for instructions, filed in the Probate Court for the county of Suffolk on December 7, 1918, by the trustee under the will of Peter L. Willcutt, late of Boston, who also was executor of the will of Jane M. Willcutt, widow of Peter L. Willcutt and life beneficiary under his will. The defendants were the New England Anti-Vivisection Society, claiming under the residuary clause in the will of Jane M. Willcutt, and Josephine W. Parker, George B. Willcutt, Harry V. Willcutt, Henry Collier and Priscilla L. McGaw, who claimed that they were entitled as those who would have been the…
1Opinion of the CourtCarroll, J.
The question to be decided in this case is whether the heirs at law of Peter L, Willcutt should be determined as of the date of his death or the date of the termination of the life estate created by his will. The testator died in 1888 leaving a will made in 1882. After the payment of his debts and funeral expenses, he gave his entire estate, real and personal, in trust to his wife, Jane M. Willcutt, for life and upon her death "I give bequeath and devise all said trust estate to my heirs at law then living, said heirs to take the same as by the statutes of descent and distribution of this…
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