Whall v. Converse
Massachusetts Supreme Judicial Court
Bill in equity, filed February 8, 1887, against the surviving trustee under tbe will of Joseph B, Whall, to terminate a trust created by the will, alleging the following facts. Joseph B. Whall died in November, 1858, leaving a widow, the plaintiff, and, as his only heirs at law and next of kin, Joseph H. Whall, a son by a former wife, and Grace H. Whall, a daughter by the plaintiff.
Read the full summary
Bill in equity, filed February 8, 1887, against the surviving trustee under tbe will of Joseph B, Whall, to terminate a trust created by the will, alleging the following facts. Joseph B. Whall died in November, 1858, leaving a widow, the plaintiff, and, as his only heirs at law and next of kin, Joseph H. Whall, a son by a former wife, and Grace H. Whall, a daughter by the plaintiff. The will, which was admitted to probate on November 29, 1858, and appointed John Field and James W. Converse as trustees, contained the following provisions, which alone are material: “I give to the said Field and…
1Opinion of the CourtHolmes, J.
The general rule is settled, that, in case of an ultimate limitation like that of the fund in question to the testator’s heirs at law, the persons to take are those who answer the description at the time of the testator’s death. Dove v. Torr, 128 Mass. 38, 40. Minot v. Tappan, 122 Mass. 535, 537. Abbott v. Bradstreet, 3 Allen, 587. The reasons for this rule are, that the words cannot be used properly to designate anybody else; that such a mode of ascertaining the beneficiary implies that the testator has exhausted his specific wishes by the previous limitations, and is content thereafter to…
2Cases cited6 opinions
- Dove v. TorrMassachusetts Supreme Judicial Court · 1879
- Minot v. TappanMassachusetts Supreme Judicial Court · 1877
- Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
- Inches v. HillMassachusetts Supreme Judicial Court · 1871
- Whipple v. FairchildMassachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
45 more not listed; retrieve them via the Exa API.