Keniston v. Mayhew
Massachusetts Supreme Judicial Court
Bill in equity, filed March 14, 1896, by the administrator with the will annexed of the estate of Eliza M. Ripley, to obtain the instructions of the court as to the construction of the will. Hearing before Barker, J., who reported the case for the consideration of this court, in substance as follows. At the time of her death, on September 6, 1889, Eliza M. Ripley was a widow without children, and of the age of sixty years.
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Bill in equity, filed March 14, 1896, by the administrator with the will annexed of the estate of Eliza M. Ripley, to obtain the instructions of the court as to the construction of the will. Hearing before Barker, J., who reported the case for the consideration of this court, in substance as follows. At the time of her death, on September 6, 1889, Eliza M. Ripley was a widow without children, and of the age of sixty years. Her heirs at law and next of kin were her three brothers, Charles Mayhew, of Edgartown, Massachusetts, William E. Mayhew and Henry H. Mayhew, both of San Francisco,…
1Opinion of the CourtField, C. J.
In our opinion, Mrs, Sprague took under the residuary clause of the will of Mrs. Ripley a life estate for her personal benefit in all the residue of the property, real or personal, of Mrs. Ripley, with the power in Mrs. Sprague of disposing of it or any part of it at her discretion during her life, but with no power of disposing of it by will, and on her decease all of the property not disposed of by Mrs. Sprague in her lifetime passed to the nearest of kin of Mrs. Ripley. Welsh v. Woodbury, 144 Mass. 542. Kent v. Morrison, 153 Mass. 137.
The $3,000 received by Mrs. Sprague for the conveyance…
2Cases cited6 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Minot v. TappanMassachusetts Supreme Judicial Court · 1877
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
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- Leonard v. HaworthMassachusetts Supreme Judicial Court · 1898
- In Re the Accounting of the Equitable Trust Co.New York Court of Appeals · 1931
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