Esty v. Clark
Massachusetts Supreme Judicial Court
Bill in equity by the administrator with the will annexed, of Francis T. Clark, praying for instructions. The case was heard before Foster, J., and by him reported to the full court, substantially as follows: Francis T. Clark and his wife, Ellen B. Clark, were both drowned on July 24,1867, by the same accident, but the judge found that he survived his wife.
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Bill in equity by the administrator with the will annexed, of Francis T. Clark, praying for instructions. The case was heard before Foster, J., and by him reported to the full court, substantially as follows: Francis T. Clark and his wife, Ellen B. Clark, were both drowned on July 24,1867, by the same accident, but the judge found that he survived his wife. Francis T. Clark left surviving him one child, Florence Clark, and Ellen B. Clark left surviving her two children, the said Florence Clark and Edgar W. Clark, her son by a former husband. Francis T. Clark by his will, after certain…
1Opinion of the CourtAmes, J.
The twenty-eighth section of the Gen. Sts. c. 92; provides that “ when a devise of real or personal estate is made to a child or other relation of the testator, and the devisee dies before the testator, leaving issue who survive the testator, such issue shall take the estate so devised, in the same manner as the devisee would have done if he had survived the testator; unless.” &c. It being found as a matter of fact that the wife, the devisee under this will, died before the testator, it would follow that her issue, including her child by a former marriage, would take the estate so devised to…
2Cited by41 opinions
- Thompson v. ThorntonMassachusetts Supreme Judicial Court · 1908
- Sackman v. CampbellWashington Supreme Court · 1895
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Kimball v. StoryMassachusetts Supreme Judicial Court · 1871
- Dye v. BattlesCalifornia Court of Appeal · 2001
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