Merritt v. Converse
Massachusetts Supreme Judicial Court
Bill in equity by the residuary legatees under the will of James Dimmick, against Albert A. Converse and William K. Dimmick. The will of the testator, after giving certain legacies and annuities, contained the following clauses : “ Sixth.
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Bill in equity by the residuary legatees under the will of James Dimmick, against Albert A. Converse and William K. Dimmick. The will of the testator, after giving certain legacies and annuities, contained the following clauses : “ Sixth. I give and devise to my son, William K. Dimmick, the sum of three hundred dollars annually, to be paid to him out of the income of .my estate during the term of his natural life, by my executors, in semiannual payments of one hundred and fifty dollars each.” “ Eighth. After the decease of my said son William K. Dim-mick, provided he shall live until his…
1Opinion of the CourtColt, J.
By the will of James Gimmick, after certain other legacies and annuities are given, an annuity is provided for his son William for and during his natural life, to be paid out of the income of the estate. Following this provision, the eighth clause requires in substance a division of one half the residue, to be made among the children of William after the death of the latter, but not before his youngest child shall have attained the age of twenty-one years.
This clause, standing alone, although not concise or wholly accurate in all its language, is nevertheless clear and unambiguous *341as to the…
2Cases cited1 opinion
- Butterfield v. HamantMassachusetts Supreme Judicial Court · 1870