McLean v. Robertson
Massachusetts Supreme Judicial Court
Appeal by Thomas C. Robertson from a decree of the Probate Court, ordering distribution of the estate of Lucy Saunders, the seventh clause of whose will was as follows: “ I give and bequeath, or rather I wish that my house and land situated on Liverpool Street be sold at public auction by my executor, and I hereby empower him to sell it in that manner, the proceeds thereof to be distributed as follows: To Thomas Robinson, a former partner of my divorced husband, the sum of…
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Appeal by Thomas C. Robertson from a decree of the Probate Court, ordering distribution of the estate of Lucy Saunders, the seventh clause of whose will was as follows: “ I give and bequeath, or rather I wish that my house and land situated on Liverpool Street be sold at public auction by my executor, and I hereby empower him to sell it in that manner, the proceeds thereof to be distributed as follows: To Thomas Robinson, a former partner of my divorced husband, the sum of two hundred dollars, provided that it can be proved that it was loaned to my said husband to be put into the first money…
1Opinion of the CourtMorton, J.
The general rule is, that, where there is a deficiency of testamentary assets, after the payment of debts, expenses and specific legacies, the loss is to be borne pro rata by those pecuniary legacies which are in their nature general. But if the chances of a deficiency are anticipated and provided for by the testator, his directions will govern, and the loss must be borne by those upon whom he places it. Towle v. Swasey, 106 Mass. 100. If testamentary gifts are founded upon some valuable consideration, such as a relinquishment of the widow’s *539right of dower or a gift in performance of a valid…
2Cases cited1 opinion
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Borden v. JenksMassachusetts Supreme Judicial Court · 1886
- Moore v. AldenSupreme Judicial Court of Maine · 1888
- Harper v. CUMBERLAND & ALLEGHENY GAS COMPANYWest Virginia Supreme Court · 1954
- Simpson v. NicolSupreme Court of Virginia · 1931
- Quinlan v. FeganMassachusetts Supreme Judicial Court · 1929
1 more not listed; retrieve them via the Exa API.