Welch v. Brimmer
Massachusetts Supreme Judicial Court
Bill in equity, by the trustee under the will of Martin Brimmer, Senior, to obtain the instructions of the court as to the construction of the will, the material portions of which are as follows: “ I give to my son Martin the income and produce of one full moiety of the estate real, personal, and mixed, which shall belong to me at the time of my decease, or in or to which I shall die possessed of any title, interest, or claim, and direct that so much of such income and…
Read the full summary
Bill in equity, by the trustee under the will of Martin Brimmer, Senior, to obtain the instructions of the court as to the construction of the will, the material portions of which are as follows: “ I give to my son Martin the income and produce of one full moiety of the estate real, personal, and mixed, which shall belong to me at the time of my decease, or in or to which I shall die possessed of any title, interest, or claim, and direct that so much of such income and produce as shall be required or necessary to afford my said son suitable support and maintenance and to furnish him with a…
1Opinion of the CourtField, C. J.
The will of Martin Brimmer, Senior, which we are asked to construe, was executed on July 31, 1840. He was born on June 8, 1793, and had been married, but his wife died on January 1,1833, and he never married again. He died on or about April 25, 1847. Martin Brimmer, Junior, was his only child, and was about seventeen years old at the time of his father’s death, and must have been about ten years old when the will was made. He died testate on January 14,1896, never having had issue, and leaving a widow. The testator, Martin Brimmer, Senior, had a sister who survived him, and is the Eliza…
2Cases cited16 opinions
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Dove v. TorrMassachusetts Supreme Judicial Court · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Himmel v. HimmelIllinois Supreme Court · 1920
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Crowell v. ChapmanMassachusetts Supreme Judicial Court · 1926
24 more not listed; retrieve them via the Exa API.