Dunn v. Sargent
Massachusetts Supreme Judicial Court
Bill in equity, filed November 11,1867, by Sarah C. Sargent, by her guardian, and, upon her death pending the suit, prosecuted by the administrator of her estate, against the executor of the will of her husband Lucius M. Sargent, and the widow and children of his son Lucius M. Sargent, Jr. The case was reserved by Gray, J., for the determination of the full court upon the following facts: Sarah Dunn died in 1819, leaving two sons, Benjamin C. and James 0., and two daughters,…
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Bill in equity, filed November 11,1867, by Sarah C. Sargent, by her guardian, and, upon her death pending the suit, prosecuted by the administrator of her estate, against the executor of the will of her husband Lucius M. Sargent, and the widow and children of his son Lucius M. Sargent, Jr. The case was reserved by Gray, J., for the determination of the full court upon the following facts: Sarah Dunn died in 1819, leaving two sons, Benjamin C. and James 0., and two daughters, Mrs. Sarah C. Sargent and Mrs. Anna J. Phillips; and by her will, which was duly proved, gave one fourth of the residue…
1Opinion of the CourtGray, J.
The interests which Mrs. Sargent, her brother James, and her sister, took under the will of their mother in the property thereby bequeathed in trust for their brother Benjamin, were contingent remainders. The persons to whom these in*338terests were bequeathed were ascertained at the death of the testatrix; for they were her own children and named in the will. The contingency upon which the vesting of their interests in possession depended was the event of their brother Benjamin’s dying without leaving children, during their lifetime. Their interests were not indeed transmissible or devisable,…
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