Faulkner v. National Sailors' Home
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, by the executors of the will of John B. Faulkner, for instructions as to whether the National Sailors’ Home or the Boston Ladies’ Bethel Society was entitled to a fund in their hands. Hearing before Morton, J., who, after a decree for the Boston Ladies’ Bethel Society, reported the case for the consideration of the full court, such decree to be entered as law and justice might require. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
Whether evidence of the testator’s own declarations outside of the will was admissible to aid the court in *459arriving at his intention, we do not find it necessary to decide, as there can be no question that the other evidence was admissible ; Tucker v. Seaman’s Aid Society, 7 Met. 188, 205; Morse v. Stearns, 131 Mass. 389; and we are of opinion that, if the evidence of the testator’s declarations had been excluded, the result must have been the same. The will was dated May 16, 1878, and among legacies to individuals, charitable societies, and corporations, a church, and other charities,…
2Cases cited3 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Morse v. StearnsMassachusetts Supreme Judicial Court · 1881
- Barclay v. BreckinridgeCourt of Appeals of Kentucky · 1863
3Cited by9 opinions
- Hitchcock v. Board of Home MissionsIllinois Supreme Court · 1913
- Ross' Ex'r v. KigerWest Virginia Supreme Court · 1896
- Saucier v. SaucierMassachusetts Supreme Judicial Court · 1926
- Henrikson v. Swedish Baptist Mission SocietySupreme Court of Minnesota · 1925
- Kingman v. New Bedford Home for AgedMassachusetts Supreme Judicial Court · 1921
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