Tomlinson v. Bury
Massachusetts Supreme Judicial Court
Bill in equity, by certain legatees under the will of John Tomlinson, to obtain contribution from other beneficiaries under said will. At the hearing in the Superior Court, a decree was ordered for the plaintiffs; and the defendants appealed to this court. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The parties litigant have agreed, if the plaintiffs, whose legacy has been appropriated to the claims" of the widow, are entitled to contribution from other legatees, as to the amount to which contribution shall be made, and also as to the proportions in which it shall be distributed. This leaves open as the only question for discussion whether they are thus entitled. This depends apparently upon the inquiry whether the legacy to them is to be held as specific or general. The rule is well settled that, if a legacy is specific, and is appropriated to *347the payment of debts, the legatee (if the…
2Cases cited6 opinions
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- In re Estate of WoodworthCalifornia Supreme Court · 1867
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Plunkett v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1919
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Thayer v. PauldingMassachusetts Supreme Judicial Court · 1908
- Moffatt v. HeonMassachusetts Supreme Judicial Court · 1922
- Walsh v. GillespieMassachusetts Supreme Judicial Court · 1959
37 more not listed; retrieve them via the Exa API.