Wynn v. Bartlett
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of William E. Wynn, to recover the legacy given by the forty-first paragraph of the will of Samuel E. Sawyer, late of Gloucester.
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Contract, by the administratrix of the estate of William E. Wynn, to recover the legacy given by the forty-first paragraph of the will of Samuel E. Sawyer, late of Gloucester. The testator died on December 15, 1889. The paragraph in question is as follows: “ 41. I give and bequeath to my executors and trustees, the survivors and survivor of them, the sum of four thousand dollars, to be safely invested, and the income only paid over semiannually to my coachman, William Wynn of Gloucester.” The will contained a residuary clause. The plaintiff’s intestate died on June 6,1892, and is the William…
1Opinion of the CourtAllen, J.
In Bartlett, petitioner, 168 Mass. 509, 521, it was said by the court, with reference to this bequest, “ Wynn having since died, the interest up to the time of his death is payable to his estate; the principal of this trust fund belongs to the residue of the testator’s estate.” The plaintiff now says that she had no notice of that suit, and did not appear, and is not bound by what was there declared. It is, however, obvious that it was right. The language of the bequest was that “ the income only ” *293should be paid to Wynn; and there was a general residuary clause. There is nothing to show an…
2Cases cited1 opinion
- Brown v. WrightMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Clarke v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1910
- Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947
- Roberts v. ClevelandSupreme Court of Alabama · 1931
- Loomis v. GorhamMassachusetts Supreme Judicial Court · 1904
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