Cooney v. Whitaker
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Berkshire, marshalling the assets of the estate of Jeremiah Broderick, deceased testate, for the payment of the debts of his estate.
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Appeal from a decree of the Probate Court for the county of Berkshire, marshalling the assets of the estate of Jeremiah Broderick, deceased testate, for the payment of the debts of his estate. The will of Jeremiah Broderick was dated May 14, 1897, and, omitting the introductory and the attesting clauses and the signatures, was as follows: “ After the payment of my just debts and funeral charges, I bequeath and devise as follows : “1st. To my son Robert William Broderick and my daughter Mary Cooney, wife of Patrick Cooney, all my personal property of every name and nature in equal shares,…
1Opinion of the CourtKnowlton, C. J.
The questions of law presented on this record are very simple. No doubt is suggested as to the jurisdiction of the court to entertain a petition of this kind and make a decree which shall marshal the assets for the proper settlement of the estate. B. L. c. 162, §§ 2, 3, 5. Lee, appellant, 18 Pick. 285, 289.
There is no dispute that the devise of real estate to the petitioner and her brother, in the first clause of the will, is specific. It is equally clear and undisputed that specific devises and legacies are not to be taken for the payment of a testator’s debts until the general legacies and…
2Cases cited1 opinion
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
3Cited by9 opinions
- Macomber v. KingMassachusetts Supreme Judicial Court · 1934
- Burroughs v. WellingtonMassachusetts Supreme Judicial Court · 1912
- Doane v. BigelowMassachusetts Supreme Judicial Court · 1936
- Conway v. SheaMassachusetts Supreme Judicial Court · 1933
- R. I. Hospital Trust Co. v. HailSupreme Court of Rhode Island · 1925
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