Haraden v. Larrabee
Massachusetts Supreme Judicial Court
Bill in equity for instructions, filed by Andrew Haraden, the executor under the will of John Henfield, against sundry persons claiming under the will as the next of kin of Joseph Henfield, a deceased son of the testator.
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Bill in equity for instructions, filed by Andrew Haraden, the executor under the will of John Henfield, against sundry persons claiming under the will as the next of kin of Joseph Henfield, a deceased son of the testator. The case, as it appeared from the bill and answers, on which it was reserved by Morton, J., for the determination of the full court, was as follows : The testator died November 25, 1866, and letters testamentary were issued to the executor January 1, 1867. The will, after providing for certain specific legacies, proceeded as follows : “ All the rest, residue, and remainder…
1Opinion of the CourtGray, C. J.
The words “ next of kin ” are limited in legal meaning, as in common use, to blood relations, and do not include a husband or a wife, unless accompanied by other words clearly manifesting a purpose to extend their signification; and the mere addition of a reference to the statute of distributions is not sufficient. Withy v. Mangles, 4 Beav. 358; 10 Cl. & Fin. 215. 2 Jarman on Wills, (3d Eng. ed.) 96. Of the numerous cases cited in the learned arguments at the bar, that most resembling the present is one in which the testator, after providing for his wife and for nephews and nieces, directed…
2Cases cited1 opinion
- Pratt v. AtwoodMassachusetts Supreme Judicial Court · 1871
3Cited by20 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- In re the Estate of SmithCourt of Chancery of Delaware · 1929
- Williams v. KimballSupreme Court of Florida · 1895
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