Ball v. Holland
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Worcester on January 1, 1904, by the administrator with the will annexed of the estate of Henry Holland, late of Shrewsbury, for instructions. In the Probate Court Forbes, J. made a decree that the distribution be made among the children and the legal representatives of children of the testator who were living at the time of his death.
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Bill in equity, filed in the Probate Court for the county of Worcester on January 1, 1904, by the administrator with the will annexed of the estate of Henry Holland, late of Shrewsbury, for instructions. In the Probate Court Forbes, J. made a decree that the distribution be made among the children and the legal representatives of children of the testator who were living at the time of his death. Frank H. Holland and others appealed, on the ground that by the true construction of the will the estate of Henry Holland remaining at the death of his widow should be distributed among those only of…
1Opinion of the CourtBraley, J.
The scheme of the will was to make full provisions for the support of the testator’s wife, and, during minority, of their minor children living at his death. To accomplish this she was given full authority, so long as she lived and remained unmarried, to spend not only the income but the residue of his entire property after the payment of nominal pecuniary legacies provided for in the second clause of the will.
Until her widowhood was terminated it could not be determined whether any of his property would be left for distribution under the fifth clause. If there was, he directed at her death “…
2Cases cited8 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Denny v. KettellMassachusetts Supreme Judicial Court · 1883
- Hale v. HobsonMassachusetts Supreme Judicial Court · 1897
- Coveny v. McLaughlinMassachusetts Supreme Judicial Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Robertson v. RobertsonMassachusetts Supreme Judicial Court · 1943
- Blume v. KimballMassachusetts Supreme Judicial Court · 1916
- Welch v. ColtMassachusetts Supreme Judicial Court · 1917
16 more not listed; retrieve them via the Exa API.