Legal Opinion

Dane v. Walker

Massachusetts Supreme Judicial Court

Decided January 15, 1872PublishedCited by 3 opinions

Bill in equity, filed by George W. Dane, as administrator with the wiR annexed of the estate of Joseph G. Dane, against Abigail A. Walker, Ellen F. Wallace and Charles D. Wallace, praying for instructions.

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Bill in equity, filed by George W. Dane, as administrator with the wiR annexed of the estate of Joseph G. Dane, against Abigail A. Walker, Ellen F. Wallace and Charles D. Wallace, praying for instructions. The case was reserved by Crray, J., for the determination of the full court, on the following agreed facts: Joseph G. Dane died in 1859, leaving a will appointing his brother, Timothy S. Dane, his executor, and containing, besides other provisions, the two following: “I hereby constitute and appoint my said executor to be my trustee for the following uses, trusts and purposes, to wit, to…

1Opinion of the Court

By the Court.

This is a very plain case. The designation by the testator in his will of “ my brother Timothy S. Dane ” clearly described and identified the person who had been commonly called by that name, and who was the son of the testator’s mother; and is not defeated by the testator’s ignorance of his illegitimacy. By the terms of the first legacy, Timothy took a vested remainder after the death of Mrs. Arkerson in personal property, which upon his own death, leaving an estate of less than five thousand dollars in value, passed to his widow. Gen. Sts. 5. 94, § 16, cl. 6. The claim of the…

2Cited by3 opinions

  1. Clymer v. MayoMassachusetts Supreme Judicial Court · 1985
  2. BatchelderMassachusetts Supreme Judicial Court · 1888
  3. Fuss v. Fuss (No. 2)Massachusetts Supreme Judicial Court · 1977

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