Slade v. Talbot
Massachusetts Supreme Judicial Court
Bill in equity, filed September 7, 1901, in the Probate Court for the County of Bristol, by the executors under the will of Alfred Pratt, late of Somerset, for instructions as to the construction of ten legacies of shares of stock in the Laurel Lake Mills of Fall River.
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Bill in equity, filed September 7, 1901, in the Probate Court for the County of Bristol, by the executors under the will of Alfred Pratt, late of Somerset, for instructions as to the construction of ten legacies of shares of stock in the Laurel Lake Mills of Fall River. The paragraphs of the will containing the legacies in question were as follows: “1. I give and bequeath to my nephews, to wit: To James Talbot of Dighton, five shares of the Laurel Lake Mills of Fall River; to Chester Talbot of Dighton, five shares of said Laurel Lake Mills; to William Talbot of New Bedford, five shares of…
1Opinion of the CourtLoring, J.
This is a case where a testator, having at the time he made his will thirty-one shares, and at the time of his death twenty-five shares in the capital stock of a mill, made bequests of thirty-six shares of that stock. The residuary legatee contends that the legacies were specific, and that the residue should not be diminished by the executor buying the eleven shares necessary to make up the number of shares given by the testator. The thirty-six shares were made up of legacies to ten different persons. The first legacy was in the following terms : “To James Talbot of Dighton, five shares of…
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