Olliffe v. Wells
Massachusetts Supreme Judicial Court
Bill in equity, filed December 11, 1877, alleging that the plaintiffs were the heirs at law and next of kin of Ellen Donovan, who died in Boston on May 23, 1877, and whose will, which was duly admitted to probate, after giving various legacies, contained the following clause: “ 13th.
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Bill in equity, filed December 11, 1877, alleging that the plaintiffs were the heirs at law and next of kin of Ellen Donovan, who died in Boston on May 23, 1877, and whose will, which was duly admitted to probate, after giving various legacies, contained the following clause: “ 13th. To the Rev. Eleazer M. P. Wells, all the rest and residue of my estate, to distribute the same in such manner as in his discretion shall appear best calculated to carry out wishes which I have expressed to him or may express to him; ” and nominated said Wells to be the executor. The bill further alleged that…
1Opinion of the CourtGray, C. J.
Upon the face of this will the residuary bequest to the defendant gives him no beneficial interest. It expressly requires him to distribute all the property bequeathed to him, giving him no discretion upon the question whether he shall or shall not distribute it, or shall or shall not carry out the intentions of the testatrix, but allowing him a discretionary authority as to the manner only in which the property shall be distributed pursuant to her intentions. The will declares a trust too indefinite to be carried out, and the next of kin of the testatrix must take by way of resulting trust,…
2Cases cited8 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Williams v. . FitchNew York Court of Appeals · 1859
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
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3Cited by63 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Ransdel v. MooreIndiana Supreme Court · 1899
- Heidenheimer v. BaumanTexas Supreme Court · 1892
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
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