Durant v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, filed April 18, 1892, by the administrator with the will annexed of the estate of Mary A. Holmes, to obtain the instructions of the court as to the construction of the will, and alleging the following facts.
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Bill in equity, filed April 18, 1892, by the administrator with the will annexed of the estate of Mary A. Holmes, to obtain the instructions of the court as to the construction of the will, and alleging the following facts. Mary A. Holmes died on November 28, 1890, leaving a will which was duly approved and allowed on December 22, 1890, the third clause of which is as follows: “I give, devise, and bequeath all the rest, residue, and remainder of my property, real, personal, and mixed, wheresoever the same may exist at the time of my decease, that I now have or may hereafter acquire, to my…
1Opinion of the CourtField, C. J.
Mary A. Holmes, the testatrix, died on November 28, 1890, leaving no issue, and no father, mother, or sister, and as her only brother the defendant Edward M. Smith, who was her sole next of kin. Her other near relations were uncles and aunts, and the children of deceased uncles and aunts. The will was executed in November, 1887, and her husband and son then were both alive. Her son died on September 4, 1890. Her husband died on December 24, 1891, intestate, leaving as his only heir and next of kin, his father, the defendant Lysander F. Holmes. One of the answers avers that her husband after…
2Cases cited3 opinions
- Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
- Sears v. CunninghamMassachusetts Supreme Judicial Court · 1877
- Sturgis v. PaineMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
- Bramley v. WhiteMassachusetts Supreme Judicial Court · 1933
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Poor v. BradburyMassachusetts Supreme Judicial Court · 1907
- Blunt v. TaylorMassachusetts Supreme Judicial Court · 1918
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