Bigelow v. Morong
Massachusetts Supreme Judicial Court
Bill in equity by the administrator of the estate of Samuel Nicolson, praying for instructions as to the distribution of ono quarter part thereof.
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Bill in equity by the administrator of the estate of Samuel Nicolson, praying for instructions as to the distribution of ono quarter part thereof. From the bill and answers, on which the case was reserved by Morion, J., for the determination of the full court, it appeared that Samuel Nicolson died intestate, leaving no issue nor father nor mother; that he left, living at the time of his decease, a sister, all the children of a deceased sister, and the only child of another deceased sister, who were entitled to three quarters of his estate after payment of his debts and the charges of…
1Opinion of the CourtGray, J.
The existing statute of distributions (Gen. Sts. c. 91, § 1; c. 94, § 16) declares that the estate of an intestate shall be distributed as follows:
“ First. In equal shares to his children, and the issue of any deceased child by right of representation.”
“ Second. If he leaves no issue, then to his father.”
“ Third. If he leaves no issue nor father, then in equal shares to his mother, brothers and sisters, and to the children of any deceased brother or sister by right of representation.”
“ Fourth. If he leaves no issue nor father, and no brother nor sister, living at his death, then to his…
2Cases cited1 opinion
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
3Cited by15 opinions
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1945
- Barker v. MonksMassachusetts Supreme Judicial Court · 1944
- Davis v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1912
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