Howland v. Slade
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed in this court by the executor of the will of Frederick Slade, for instructions as to what were meant by the terms “ my first cousins ” and “ all my first cousins,” occurring in separate clauses of the will, and whether, in addition to the first cousins of the testator living at his death, the issue of first cousins of his who died between the making of the will and his death, and the issue of first cousins who died before the execution of the will,…
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Bill in EQUITY, filed in this court by the executor of the will of Frederick Slade, for instructions as to what were meant by the terms “ my first cousins ” and “ all my first cousins,” occurring in separate clauses of the will, and whether, in addition to the first cousins of the testator living at his death, the issue of first cousins of his who died between the making of the will and his death, and the issue of first cousins who died before the execution of the will, either or both, were entitled to take under the will by right of representation. Hearing before Barker, J., who reserved the…
1Opinion of the CourtMorton, J.
It is clear that the issue of the first cousins who died before the making of the will cannot take under it. There is nothing in the will to indicate a purpose on the part of the testator that they should share his bounty, and, in the absence of such an intention, it is plain, upon the authorities, that they are not to be regarded as beneficiaries. Merriam v. Simonds, 121 Mass. 198, 203. In re Webster's estate, 23 Ch. D. 737. In re Chinery, 39 Ch. D. 614. Groves v. Musther, 43 Ch. D. 569. *416In re Hotchkiss, L. R. 8 Eq. 643. Habergham v. Ridehalgh, L. R. 9 Eq. 395. At the time when the will was…
2Cases cited4 opinions
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Merriam v. SimondsMassachusetts Supreme Judicial Court · 1876
- StockbridgeMassachusetts Supreme Judicial Court · 1888
- Worcester v. WorcesterMassachusetts Supreme Judicial Court · 1869
3Cited by17 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Downing v. NicholsonSupreme Court of Iowa · 1902
- White v. Massachusetts Institute of TechnologyMassachusetts Supreme Judicial Court · 1898
- Boston Safe Deposit & Trust Co. v. ReedMassachusetts Supreme Judicial Court · 1918
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