Collins v. Wickwire
Massachusetts Supreme Judicial Court
Contract, by the administrator de bonis non, with the will annexed, of the estate of Norman Kellogg, against the administrator of the estate of Caroline M. Kellogg, for money had and received by the defendant’s intestate under the provisions of said will, and not disposed of by her at the time of her decease by gift or will. Trial in the Superior Court, without a jury, before Mason, C. J., who found for the plaintiff; and the defendant alleged exceptions.
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Contract, by the administrator de bonis non, with the will annexed, of the estate of Norman Kellogg, against the administrator of the estate of Caroline M. Kellogg, for money had and received by the defendant’s intestate under the provisions of said will, and not disposed of by her at the time of her decease by gift or will. Trial in the Superior Court, without a jury, before Mason, C. J., who found for the plaintiff; and the defendant alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The fundamental question in this case is whether the defendant’s intestate, Caroline M. Kellogg, took an absolute estate in fee simple in the property given her in the first clause of the will of her husband, Norman Kellogg, or whether she had only a life estate, with a power of disposition. The language of the material part of the will is as follows: “ First, I give and devise to my beloved wife, Caroline Mason, all my personal and real estate, to have and to hold for her use and her benefit during her natural life, with the right to dispose of the same by gift or will at her decease.…
2Cases cited13 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Law v. DouglassSupreme Court of Iowa · 1899
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- Emmons v. ShawMassachusetts Supreme Judicial Court · 1898
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
38 more not listed; retrieve them via the Exa API.