Legal Opinion

Loring v. Blake

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 2 opinions

Bill oe interpleader filed by Charles G. Loring and Caleb W. Loring as trustees under the last will of Joshua Blake, and by Caleb W. Loring as executor of the will of Sally Blake, widow of Joshua Blake.

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Bill oe interpleader filed by Charles G. Loring and Caleb W. Loring as trustees under the last will of Joshua Blake, and by Caleb W. Loring as executor of the will of Sally Blake, widow of Joshua Blake. The case, as it appeared from the bill, answers and a statement of facts, on which it was reserved by Wells, J., for the consideration of the full court, was as follows: Joshua Blake, who died in 1844, by his will provided that the residue of his estate should be held by trustees in trust, to pay the income to his widow; to transfer to any of his children at any time during her life such part…

1Opinion of the CourtAmes, J.

The direction contained in the fifth clause of Mrs Blake’s will, in relation to the release of all claims against any oi the children or grandchildren for advances, manifestly refers to a memorandum which she herself was to prepare and leave with the will for the information and guidance of the executors. Hei general purpose, as explained in the same clause, was that all the estate should be equally divided “ in the manner provided” in the *595wiE, among the children and grandchildren, “ excepting such charges as may be made by me (the testatrix) and filed with this will as aforesaid.’* It must…

2Cited by2 opinions

  1. Old Colony Trust Co. v. ShawMassachusetts Supreme Judicial Court · 1964
  2. In re Estate of LyonSupreme Court of Iowa · 1886

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