Dole v. Keyes
Massachusetts Supreme Judicial Court
Bill in equity, by the trustee under the will of Moses Perley, to obtain the instructions of the court as to the construction of the will.
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Bill in equity, by the trustee under the will of Moses Perley, to obtain the instructions of the court as to the construction of the will. The bill alleged the following facts: Moses Perley died on May 25, 1857, leaving a will, which was duly admitted to probate, and contained the following provisions: “ 1st. After paying my just debts and funeral charges I give and bequeath to my beloved wife, Nancy Perley, the income and improvement of my house near Parker River Bridge in Newbury aforesaid, during her natural life, and also a handsome maintainance from my estate. “ 2d. I give and bequeath…
1Opinion of the CourtHolmes, J.
The limitation to the children of the testator’s children created a vested remainder, which opened and let in those born after the testator’s death. Weston v. Foster, 7 Met. *239297. Hatfield v. Sohier, 114 Mass. 48. Gibbens v. Gibbens, 140 Mass. 102. The inartificial use of the word “ revert ” no more obscures the plain meaning that the children are to take as purchasers, than “ descend to his legal heirs ” in White v. Woodberry, 9 Pick. 136,138, or “ inherit ” in Moore v. Weaver, 16 Gray, 305.
The question whether the remainder is to be taken per capita or per stirpes is more difficult. The…
2Cases cited4 opinions
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Loring v. CoolidgeMassachusetts Supreme Judicial Court · 1868
- Hatfield v. SohierMassachusetts Supreme Judicial Court · 1873
- Merriam v. SimondsMassachusetts Supreme Judicial Court · 1876
3Cited by21 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Butterfield v. ReedMassachusetts Supreme Judicial Court · 1894
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