Curley v. Lynch
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed in the-Supreme Judicial Court on November 2, 1909, by the executors of the will of Eugene Lynch, late of Boston, for instructions. The case was heard by Sheldon, J., who reported it for determination by the full court.
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Bill in EQUITY, filed in the-Supreme Judicial Court on November 2, 1909, by the executors of the will of Eugene Lynch, late of Boston, for instructions. The case was heard by Sheldon, J., who reported it for determination by the full court. Eugene Lynch died on January 26, 1909. The material portion of his will was as follows: “ All the rest and residue of my etate shall, as soon as practicable, be divided into two equal parts, one of which shall be known as and designated ‘The Mary E. Lynch Trust Estate,’ the other of which shall be known as and designated ‘ The LynchBickford Trust Estate.’…
1Opinion of the CourtSheldon, J.
The provisions made by Eugene Lynch in his will for the benefit of his wife lapsed and became of no effect by reason of her decease in his lifetime. She was not a “ relation of the testator ” within the meaning of those words in R. L. c. 135, § 21. Esty v. Clark, 101 Mass. 36. Kimball v. Story, 108 Mass. 382, 385. Horton v. Earle, 162 Mass. 448. And the power of appointment given to her fell with the life estate which preceded it. That power did not and could not come into existence until the death of Lynch himself. And as his wife, the only person who could have exercised the power, was dead…
2Cases cited16 opinions
- In Re Estate of PlumelCalifornia Supreme Court · 1907
- Dexter v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1900
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
- Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
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3Cited by21 opinions
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- In Re Estate of McCurdyCalifornia Supreme Court · 1925
- Bemis v. FletcherMassachusetts Supreme Judicial Court · 1925
- In Re Estate of SowashCalifornia Court of Appeal · 1923
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