Bullard v. Leach
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Worcester, allowing, after certain amendments, the first and final account of Harold IC. Bullard as executor of the will of Sarah L. Fisher, late of Milford.
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Appeal from a decree of the Probate Court for the county of Worcester, allowing, after certain amendments, the first and final account of Harold IC. Bullard as executor of the will of Sarah L. Fisher, late of Milford. The appeal was heard by Rugg, C. J. The will of Sarah L. Fisher, with the omission of the introductory and attesting clauses and the clause nominating the executor, was as follows: “After the payment of my just debts and funeral charges, I bequeath and devise as follows: “To Emma F. Bullard and Harold IC. Bullard, all of my real estate in equal shares; also, all my money…
1Opinion of the CourtBbaley, J.
The testatrix at the date of the will and of her death had no money deposited in the Worcester Five Cents Savings Bank, which is enumerated among the savings banks in the second clause, but she did have a deposit in the Worcester County Institution for Savings. It is the first contention of the appellant that extrinsic evidence was not admissible to show a misdescription and that the testatrix intended to designate the latter, instead of the former, bank.
A literal interpretation would defeat her express purpose of giving the moneys in three savings banks doing business in a certain…
2Cases cited14 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
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3Cited by13 opinions
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