Worcester Trust Co. v. Turner
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Worcester on March 11, 1911, by the Worcester Trust. Company, a corporation, as executor and trustee under the will of Horace A. Young, late of Worcester, for instructions.
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Bill in equity, filed in the Probate Court for the county of Worcester on March 11, 1911, by the Worcester Trust. Company, a corporation, as executor and trustee under the will of Horace A. Young, late of Worcester, for instructions. The bill alleged that, so far as known to the plaintiff, the defendants were the only persons interested in the subject matter of the bill, that Jemima Aldrich, the legatee named in the fourteenth article of the will, died after the death of the testator, and that the defendant William DeF. Aldrich had been appointed administrator of her estate in the State of…
1Opinion of the CourtSheldon, J.
1. It is rightly agreed by all parties that the legacies given by the eighth, ninth and seventeenth clauses of the will to Warren E. Sibley, Lydia Young and Victoria M. Worcester have lapsed; that to Mrs. Young because she was not a relation of the testator within the meaning of E. L. c. 135, § 21; Esty v. Clark, 101 Mass. 36; Kimball v. Story, 108 Mass. 382, 385; Horton v. Earle, 162 Mass. 448; Curley v. Lynch, 206 Mass. 289; and the others because neither of these two legatees left issue. Frost v. Courtis, 167 Mass. 251. The amounts of these legacies fall into the residue and become a part…
2Cases cited26 opinions
- Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Kimball v. StoryMassachusetts Supreme Judicial Court · 1871
- Stephens v. Van BurenNew York Court of Chancery · 1829
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
- Fitts v. PowellMassachusetts Supreme Judicial Court · 1940
- Anderson v. BeanMassachusetts Supreme Judicial Court · 1915
- Boston Safe Deposit & Trust Co. v. ReedMassachusetts Supreme Judicial Court · 1918
- Loring v. DexterMassachusetts Supreme Judicial Court · 1926
26 more not listed; retrieve them via the Exa API.