Goddard v. May
Massachusetts Supreme Judicial Court
Petition by Maurice Goddard and Julia Goddard, administrators with the will annexed of the estate of Samuel Goddard, against Eleanor G. May and her guardian Frederick W. G. May, praying for instructions as to the construction of the will; MeMtable M. Goddard, the testator’s wife, his daughter, Julia Whitney and her husband, Josiah D. Whitney, joined as petitioners.
Read the full summary
Petition by Maurice Goddard and Julia Goddard, administrators with the will annexed of the estate of Samuel Goddard, against Eleanor G. May and her guardian Frederick W. G. May, praying for instructions as to the construction of the will; MeMtable M. Goddard, the testator’s wife, his daughter, Julia Whitney and her husband, Josiah D. Whitney, joined as petitioners. The case as it appeared from the petition and answer, on which it was reserved by Gray, J., for the determination of the full court, was as follows : Samuel Goddard made a will in 1865, by the first clause of which he gave to his…
1Opinion of the CourtWells, J.
The legacies of income and principal, of the share directed to be set apart for William D. Goddard, did not lapse by bis death without issue and intestate, in the lifetime of the testator ; because there was an unconditional gift over, to take effect in that event. Prescott v. Prescott, 7 Met. 141. Carpenter v. Heard, 14 Pick. 449. It is contended that the expressions “his said share ” and “ his said portion ” indicate that the gift over referred only to estate upon which the will had taken effect, so as to vest an interest in William D. Goddard; and therefore, as William D. died before the…
2Cited by3 opinions
- Cummings v. BramhallMassachusetts Supreme Judicial Court · 1876
- BatchelderMassachusetts Supreme Judicial Court · 1888
- Goddard v. WhitneyMassachusetts Supreme Judicial Court · 1885