Holden v. Blaney
Massachusetts Supreme Judicial Court
Bill in equity by the executor of Mary B. Sawyer against the executors of Jason Chamberlain, alleging the following facts: The will of Jason Chamberlain, dated February 24,1871, after mating certain specific bequests, provided as follows: “ Fourth.
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Bill in equity by the executor of Mary B. Sawyer against the executors of Jason Chamberlain, alleging the following facts: The will of Jason Chamberlain, dated February 24,1871, after mating certain specific bequests, provided as follows: “ Fourth. All the rest and residue of my estate remaining after satisfying the foregoing bequests, of every name and nature, that I shall die seised of and possessed, or to which I shall be in any way entitled at the time of my decease, wherever and however the same may be situated, I do give, devise and bequeath the same in six equal shares and portions, to…
1Opinion of the CourtEndicott, J.
The question in this case is whether the share of Mary B. Sawyer goes to her executor, or falls into the residue of Jason Chamberlain’s estate as intestate property, to be distributed among all his residuary legatees.
In deciding this question, the intent of the testator is to be gathered, not only from the codicil, but from the provisions of the will, so far as those provisions are not altered by the codicil. For it is an established rule of construction that the codicil shad change the will only so far as the intent is manifest; and the *425provisions of the will are not to be disturbed further…
2Cited by9 opinions
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Pardee v. KusterWyoming Supreme Court · 1907
- Walton v. DraperMassachusetts Supreme Judicial Court · 1910
- Cavan v. WoodburyMassachusetts Supreme Judicial Court · 1921
- Stearns v. StearnsMassachusetts Supreme Judicial Court · 1906
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