Whitman v. Huefner
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 2,1915, by the trustees under the will of William C. Haskins, late of Medford, for instructions. The case was reserved by Carroll, J., upon the bill and answers for determination by the full court. The following statement of the case is taken from the opinion of the court.
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Bill in equity, filed in the Supreme Judicial Court on January 2,1915, by the trustees under the will of William C. Haskins, late of Medford, for instructions. The case was reserved by Carroll, J., upon the bill and answers for determination by the full court. The following statement of the case is taken from the opinion of the court. William C. Haskins died in 1892, leaving a will in which, after providing for the payment of his debts and' for the care of his cemetery lot, he gave the residue of his estate to trustees in trust to pay the income to his wife for life, with power to pay to her…
1Opinion of the CourtDe Courcy, J.
[After the foregoing statement of the case.] 1. The principal question relates to the disposition of the remainder of the trust fund under the will of William C. Haskins; that is, whether it vested at the death of the testator in his three children then living, or was contingent until the death of the testator’s widow and thereupon vested in his only child and issue then living. The intention of the testator not being clearly manifested by the language of the clause in controversy, we must resort for aid to the established rules of construction that long have been applied to similar clauses…
2Cases cited15 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
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3Cited by20 opinions
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- Atchison v. FrancisSupreme Court of Iowa · 1917
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