Dodge v. Moore
Massachusetts Supreme Judicial Court
Bill in equity filed March 28, 1868, by Charlotte Maria, daughter of Benjamin Moore who died September 20,1867, and Joseph F. Dodge, her husband, to restrain Almira Moore, the widow of the deceased, from proceeding to sell at public auction, as she had advertised to do on March 31,1868, all his estate, both real and personal, valued in the inventory at respectively $3900 and $615.25, which she claimed a right so to sell under the provisions of his will, all but the formal…
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Bill in equity filed March 28, 1868, by Charlotte Maria, daughter of Benjamin Moore who died September 20,1867, and Joseph F. Dodge, her husband, to restrain Almira Moore, the widow of the deceased, from proceeding to sell at public auction, as she had advertised to do on March 31,1868, all his estate, both real and personal, valued in the inventory at respectively $3900 and $615.25, which she claimed a right so to sell under the provisions of his will, all but the formal parts of which were as follows : “ I give and devise to my wife, Almira Moore, the income, use and improvement, for and…
1Opinion of the CourtWells, J.
The will gives to the widow, Almira Moore, “ full power and authority to sell any part or all of either the real or personal estate whenever she may think it expedient.” This is a personal confidence. The power is to be exercised by Almira Moore; not by the executrix, nor by any trustee, whether appointed by this court or the probate court. The discretion given to her is unlimited. Although her right in the proceeds is only a life interest, and what may remain at her decease is given to the daughter of the testator; yet the authority of the widow to consume the principal for her support, if…
2Cited by14 opinions
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- Flanagan v. FlanaganNew York Supreme Court · 1880
- Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
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