Knight v. Knight
Massachusetts Supreme Judicial Court
Bill in equity, filed December 14,1893, by one of the executors under the will of John Knight, against Edward S. Knight, his co-executor, and others, all children of the testator, to obtain the instructions of the court as to the construction of the fourth article of the will. The case was heard by Barker, J., and reported for the consideration of the full court on the bill, the answers of the several defendants and certain agreed facts, and was as follows.
Read the full summary
Bill in equity, filed December 14,1893, by one of the executors under the will of John Knight, against Edward S. Knight, his co-executor, and others, all children of the testator, to obtain the instructions of the court as to the construction of the fourth article of the will. The case was heard by Barker, J., and reported for the consideration of the full court on the bill, the answers of the several defendants and certain agreed facts, and was as follows. John Knight, the testator, died in 1881, leaving a widow, Deborah C. Knight, and six children; namely, Samuel Knight, Henry P. Knight,…
1Opinion of the CourtField, C. J.
We are of opinion that the widow of the testator took the absolute property in the one seventh part of the residue of the real and personal estate given her by the fourth article of the will. The clause to be construed more nearly resembles those construed in Ide v. Ide, 5 Mass. 500, Kelley v. Meins, 135 Mass. 231, Joslin v. Rhoades, 150 Mass. 301, and Foster v. Smith, 156 Mass. 379, than in the cases in which it has been held that a life estate was given.
It follows that one seventh part of the residue of the estate of John Knight remaining in the hands of the executors of his estate belongs…
2Cases cited4 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
- Foster v. SmithMassachusetts Supreme Judicial Court · 1892
3Cited by17 opinions
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Goodrich v. HendersonMassachusetts Supreme Judicial Court · 1915
- Frost v. HunterMassachusetts Supreme Judicial Court · 1942
- Galligan v. McDonaldMassachusetts Supreme Judicial Court · 1908
- Dallinger v. MerrillMassachusetts Supreme Judicial Court · 1916
12 more not listed; retrieve them via the Exa API.