Legal Opinion

Mandell v. Green

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 10 opinions

The elrst case was a bill in equity, filed October 4, 1871, by the administrator de bonis non, with the will annexed, of the estate of Sylvia A. Howland, singlewoman, praying for instructions.

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The elrst case was a bill in equity, filed October 4, 1871, by the administrator de bonis non, with the will annexed, of the estate of Sylvia A. Howland, singlewoman, praying for instructions. The bill alleged that Miss Howland died July 2,1865, resident at New Bedford, and leaving a last will, which was duly proved and allowed in November of that year; that this will gave many specific legacies of money directly, and some in trust to pay the income to beneficiaries for life, and on their death the principal to others, and in the twelfth article* thereof gave the residue of the estate in…

1Opinion of the CourtGray, J.

The only questions as to which the plaintiff in this bill asks the instructions of the court, and the only ones therefore which can be decided in this suit, are, 1st. Whether the particular legacies should be paid in full, with interest, and without deduction for taxes; and, 2d. Whether the expenses of the parties to the suit should be charged to the particular legacies, or to the income, or to the capital, of the residuary portion of the estate.

The terms of the agreement of compromise clearly require that the legacies should be paid in full, with interest at the rate of six per cent., and…

2Cited by10 opinions

  1. Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
  2. Jordan v. JordanMassachusetts Supreme Judicial Court · 1906
  3. American National Bank of Beaumont v. BiggsCourt of Appeals of Texas · 1954
  4. Von Holt v. WilliamsonHawaii Supreme Court · 1916
  5. Berkshire Trust Co. v. BoothMassachusetts Supreme Judicial Court · 1944

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