Hill v. Bowers
Massachusetts Supreme Judicial Court
Bill in equity by the administrator, with the will annexed, of Josiah Bowers, to obtain the instructions of the court, and alleging the following facts: The will of the testator contained the following clause : “ Fourth.
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Bill in equity by the administrator, with the will annexed, of Josiah Bowers, to obtain the instructions of the court, and alleging the following facts: The will of the testator contained the following clause : “ Fourth. I give, devise and bequeath to the children of my brother Joseph by his present wife, and the survivors of them, and to the children of my said nephew Albert, and the survivor of them, all the rest and residue of all my property and estate, and the remainder and reversion thereof, after the decease of my wife and sister Ann aforesaid, to them, their, heirs and assigns…
1Opinion of the CourtGray, C. J.
The general rule is that by a bequest to the children of A. and to the children of B., the children take per capita and not per stirpes, in the absence of words indicating a different intention. There are no such words in this will. The repetition of the words “ and the survivors of them ” only makes clear the intention of the testator not to include any children, of either person named, who did not survive the testator. Upon his death, the children who should take were ascertained, and the residue of the estate was to be equally divided among them. Blackler v. Webb, 2 P. Wms. 383. Butler v.…
2Cases cited1 opinion
- Collins v. HoxieNew York Court of Chancery · 1841
3Cited by18 opinions
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Wooley v. HaysSupreme Court of Missouri · 1920
- Boston Safe Deposit & Trust Co. v. DoolanMassachusetts Supreme Judicial Court · 1940
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