Holbrook v. Harrington
Massachusetts Supreme Judicial Court
Bill in equity, in the nature of a bill of interpleader, filed by the plaintiff as executor of the will of Elizabeth Holbrook, to obtain the direction of the court as to the construction of these two articles in her will: “ Second. I give and bequeath to Eliza, Vernon Stiles and Lucy Ellen Cook, children of Lucy Cook, collectively, thirty dollars, to be kept in the hands of a trustee and paid over to them when they shall arrive at the ages of twenty years.” “ Eighth.
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Bill in equity, in the nature of a bill of interpleader, filed by the plaintiff as executor of the will of Elizabeth Holbrook, to obtain the direction of the court as to the construction of these two articles in her will: “ Second. I give and bequeath to Eliza, Vernon Stiles and Lucy Ellen Cook, children of Lucy Cook, collectively, thirty dollars, to be kept in the hands of a trustee and paid over to them when they shall arrive at the ages of twenty years.” “ Eighth. All the residue of my property of which I may be seised and possessed at the time of my death I will to be equally divided…
1Opinion of the CourtMetcalf, J.
The court are of opinion that, by the eighth clause in Mrs. Holbrook’s will, one half of the property therein mentioned is given to the heirs of her deceased husband, Stephen Holbrook, and one half to the heirs of her brothers and sisters, and that the property given to both classes of heirs is to be divided among them, not per capita, but by right of representation. It happens, however, that as to the heirs of her husband the result of the division by right of representation will be the same as if it were made per capita. The half that *104is given to those heirs is to be divided into nine equal…
2Cases cited1 opinion
- Cook v. CatlinSupreme Court of Connecticut · 1856
3Cited by4 opinions
- Laisure v. RichardsIndiana Court of Appeals · 1913
- Henry v. HenryIllinois Supreme Court · 1941
- Roelfs' Cousins v. WhiteOregon Supreme Court · 1915
- Henry v. HenryIllinois Supreme Court · 1941