Gould v. Chamberlain
Massachusetts Supreme Judicial Court
Bill in equity, filed July 5, 1901, in the Probate Court for the County of Suffolk, by the executors under the will of Mellen Chamberlain, late of Chelsea, for instructions as to the construction and effect of a codicil to that will. The testator died June 25, 1900, at the age of seventy-nine years.
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Bill in equity, filed July 5, 1901, in the Probate Court for the County of Suffolk, by the executors under the will of Mellen Chamberlain, late of Chelsea, for instructions as to the construction and effect of a codicil to that will. The testator died June 25, 1900, at the age of seventy-nine years. His wife had died on August 25, 1896. The will was dated March 26,1900, and contained the following paragraphs : “ My estate real and personal, I give and bequeath as follows: To Mrs. John Whitman my faithful housekeeper, five thousand dollars to be paid to her out of the first moneys that shall…
1Opinion of the CourtMorton, J.
This is an appeal from a decree of the Probate Court for Suffolk County upon a petition for instructions by the executors of the will of Mellen Chamberlain. The single justice who heard the case affirmed the decree, and reported the case to this court for its determination. The questions are whether certain legacies given in the codicil are cumulative or substitutional in respect of legacies given in the will to the same persons, and whether certain evidence admitted subject to the exceptions of the heirs at law was rightly admitted. We take up the question of evidence first.
1. The evidence…
2Cases cited3 opinions
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