Peck v. Carlton
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, upon the petition of William G. Peck, successor of the trustee named in the will of John Boles, for the construction of a residuary clause. The case was heard by Knowlton, J., and reserved for the consideration of the full court, and was as follows.
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Appeal from a decree of the Probate Court, upon the petition of William G. Peck, successor of the trustee named in the will of John Boles, for the construction of a residuary clause. The case was heard by Knowlton, J., and reserved for the consideration of the full court, and was as follows. The will was dated September 8, 1886, and, after gifts to the testator’s wife, and to his sons, Prescott and Jerome, and to his daughters, Maria E., and Eliza A., wife of Abel G. Peck, contained the following: “ Eighth. All the rest and residue of my said estate and property, real, personal, or mixed, I…
1Opinion of the CourtKnowlton, J.
The last part of the eighth clause of the will of John Boles, late of Somerville, deceased, is as follows: “ Second, and, as soon after the decease of my said wife as expedient, to sell and dispose of all said rest and residue of my said estate and property, real, personal, or mixed, and to pay over the proceeds of such sale and disposition to my legal heirs, in the same proportion as they would have inherited the same in case I had died the survivor of my said wife, and intestate.” The only question in the case is whether, under this clause, the residue of the estate is to go to those…
2Cases cited8 opinions
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Wood v. BullardMassachusetts Supreme Judicial Court · 1890
- Dorr v. LoveringMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
13 more not listed; retrieve them via the Exa API.