Legal Opinion

Abbott Et Ux. v. Essex Company

Supreme Court of the United States

Decided February 18, 1856PublishedCited by 24 opinions

This case was brought up by writ of error from the circuit court of the United States for the district of Massachusetts. The part of the will which gave rise to the question is stated in the opinion of the court.

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This case was brought up by writ of error from the circuit court of the United States for the district of Massachusetts. The part of the will which gave rise to the question is stated in the opinion of the court. It was admitted by the parties that said testator died in the year 1775 ; that his will was duly proved August 5,1776 ; that his two sons, John Kittredge and Jacob Kittredge, survived him; that said John Kittredge died in the year 1826, never having been married; that said Jacob Kittredge died in the lifetime of his brother John, on July 15,1807, leaving the following children,…

1Opinion of the CourtJustice Grier

The questions submitted to our consideration in this case arise on the-construction of the will of John Kittredge, deceased, and on the following devise to his sons :—

■“'Item. I give to my two sons, namely, John and Jacob Kittredge, all my lands and buildings in Andover aforesaid, excepting . the land I gave to my son Thomas aforesaid, which buildings consist of dwelling-houses, barns, corn-house, gristmill, and cider-mill, all of every denomination ; also, all my live stock- of cattle, horses, sheep and swine, and all my husbandry utensils of every denomination, and all my tools that may be…

2Cases cited2 opinions

  1. Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
  2. Ray v. EnslinMassachusetts Supreme Judicial Court · 1799

3Cited by24 opinions

  1. Couch v. EasthamWest Virginia Supreme Court · 1887
  2. O'Hare v. JohnstonIllinois Supreme Court · 1916
  3. West v. FitzIllinois Supreme Court · 1884
  4. McMartin v. BinghamSupreme Court of Iowa · 1869
  5. Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869

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