Bailey v. Smith
Massachusetts Supreme Judicial Court
Appeal from a final decree of the Probate Court upon a bill for instructions filed in that court on October 21,1910, and amended on September 11, 1911, by the trustees under the will of Erneline S. Jenkins, late of Boston.
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Appeal from a final decree of the Probate Court upon a bill for instructions filed in that court on October 21,1910, and amended on September 11, 1911, by the trustees under the will of Erneline S. Jenkins, late of Boston. The fifteenth clause of the will of Emeline S. Jenkins, referred to in the opinion, was as follows: “Fifteenth: The rest, residue and remainder of all the property, real, personal, and mixed, of which I may die seized, to continue to hold in trust and pay the net income therefrom, after deducting all expenses for taxes, repairs, insurance, betterments, or alterations that…
1Opinion of the CourtBrailey, J.
By the fifteenth or residuary clause of her will, Franklin Smith and William J. Smith, the brothers of the testatrix, each took an equitable life estate in one half of the net income of the trust estate, and upon the death of one, the other surviving, the heirs of the deceased brother were to succeed to his share until the death of the surviving brother, whereupon the net income was to be equally divided between their six children, who are specifically named, or their representatives, until the death of the last surviving child. By the first clause of the first codicil, the provisions of…
2Cases cited8 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
- Ball v. HollandMassachusetts Supreme Judicial Court · 1905
- Olney v. LoveringMassachusetts Supreme Judicial Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Heller v. Silverbranch Construction Corp.Massachusetts Supreme Judicial Court · 1978
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- Old Colony Trust Co. v. WoodMassachusetts Supreme Judicial Court · 1947
- Goodrich v. HendersonMassachusetts Supreme Judicial Court · 1915
- Taylor v. AlbreeMassachusetts Supreme Judicial Court · 1944
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