Boston Safe Deposit & Trust Co. v. Plummer
Massachusetts Supreme Judicial Court
Bill if equity, filed November 24, 1884, by the trustee under the will of Joseph F. Huntress, for instructions as to the construction of the will.
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Bill if equity, filed November 24, 1884, by the trustee under the will of Joseph F. Huntress, for instructions as to the construction of the will. Hearing before W. Allen, J., who reported the case for the consideration of the full court, in substance as follows: .The testator died on October 30, 1876. His will, after giving certain legacies, some of which were to grandsons, proceeded as follows: “ 7. I give to my wife, Sally D. Huntress, all my household furniture of every name and nature. “ 8. After my debts and legacies to my grandsons have been paid, I then give and bequeath to my friend,…
1Opinion of the CourtW. Allen, J.
The will provided that, at the death of the testator’s widow, two funds should be set apart from the personal property, made a specific devise of a parcel of real estate, and gave the trustee power to sell the residue, “the proceeds of which is to pay the following legacies, to wit: ” and then gave three legacies of equal sums. There was a deficiency of the proceeds of the real estate, and a smaller deficiency of the personal estate; and the three legatees contend that they have a right to contribution from the personal estate. It seems the plain intention of the testator, that the three…
2Cases cited1 opinion
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- In re the Judicial Settlement of the Accounts of MatthewsAppellate Division of the Supreme Court of the State of New York · 1907
- Weed v. HogeSupreme Court of Connecticut · 1912
- Porter v. HoweMassachusetts Supreme Judicial Court · 1899
- Bullard v. LeachMassachusetts Supreme Judicial Court · 1912
- Estate of Carpenter v. WileySupreme Court of Iowa · 1914
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