Fuller v. Wilbur
Massachusetts Supreme Judicial Court
Two ACTIONS of contract, brought by George M. Woodward, administrator de bonis non with the will annexed of Elijah Wilbur, the first against the administrator of the estate of Pella L. Wilbur, who was executrix of the will of Elijah Wilbur, and the second against a surety upon her bond, which bond was given to the plaintiff as judge of the Probate Court for the County of Bristol.
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Two ACTIONS of contract, brought by George M. Woodward, administrator de bonis non with the will annexed of Elijah Wilbur, the first against the administrator of the estate of Pella L. Wilbur, who was executrix of the will of Elijah Wilbur, and the second against a surety upon her bond, which bond was given to the plaintiff as judge of the Probate Court for the County of Bristol. The material portions of Elijah Wilbur’s will were as follows : “ First, I give and bequeath to my children, Elijah M. Wilbur, Zibeon W. Wilbur, Mary L. Wilbur, and Pella L. Wilbur, ten dollars each, to be paid to…
1Opinion of the CourtMorton, J.
The first question in these cases is, What interest did the widow of Elijah Wilbur take under her husband’s will? There is some ground perhaps for saying that, with the exception of the legacies to the children, she took the entire estate absolutely and in fee, subject to be devested of it if she married again; but we think that the better construction, and the one which is according to the weight of authority here and elsewhere, is that she took a life estate determinable on the happening of that event. Knight v. Mahoney, 152 Mass. 523. Loring v. Loring, 100 Mass. 340. Dole v. Johnson, 3…
2Cases cited5 opinions
- Loring v. LoringMassachusetts Supreme Judicial Court · 1868
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876
- Evans's Appeal from ProbateSupreme Court of Connecticut · 1884
- Knight v. MahoneyMassachusetts Supreme Judicial Court · 1890
- Cochrane v. CushingMassachusetts Supreme Judicial Court · 1878
3Cited by18 opinions
- Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947
- Parker v. RobertsonSupreme Court of Alabama · 1921
- Archer v. BarnesSupreme Court of Iowa · 1910
- Harlow v. BaileyMassachusetts Supreme Judicial Court · 1905
- Maddox v. YoeCourt of Appeals of Maryland · 1913
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