Terry v. Foster
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county. The appellants were the grandchildren of Nathaniel Foster, deceased, who, on the 7th day of May, 1791, made his last will and testament, at which time the mother of the appellants,- Terry, and daughter of the testator, was dead; and the appellants claimed, before the judge of probate, to have an equal proportion assigned them in the estate of their grandfather, the testator, as though he had died…
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This was an appeal from a decree of the judge of probate for this county. The appellants were the grandchildren of Nathaniel Foster, deceased, who, on the 7th day of May, 1791, made his last will and testament, at which time the mother of the appellants,- Terry, and daughter of the testator, was dead; and the appellants claimed, before the judge of probate, to have an equal proportion assigned them in the estate of their grandfather, the testator, as though he had died intestate, alleging that they had no legacy given them in the will. The judge was of opinion that they had a legacy given…
1Opinion of the CourtSewall, J.
The question is whether, under the statutes, the appellants are entitled to a proportion of the estate of the testator, as though he had died intestate. This question depends upon the construction of the statutes on this subject, as applicable to that clause in the will in which the appellants are mentioned. The statute of 1784 is a revision of the ancient statute, but does not repeal it; they being, therefore, in pari materia, are to be considered and construed together; and although the act of 1784 omits the preamble contained in the first act, yet I think it ought to be considered as…
2Cases cited2 opinions
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Wild v. BrewerMassachusetts Supreme Judicial Court · 1797
3Cited by16 opinions
- Payne v. PayneCalifornia Supreme Court · 1861
- Coulam v. DoullSupreme Court of the United States · 1890
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Hurley v. O'SullivanMassachusetts Supreme Judicial Court · 1884
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