Legal Opinion

Hays v. Jackson

Massachusetts Supreme Judicial Court

Decided November 15, 1809PublishedCited by 42 opinions

The petitioners alleged, and proved by the requisite documents from the probate office, that the personal estate of the testator was insufficient, by the sum of 66,000 dollars, for the payment of his just debts and legacies, and thereupon prayed that they might be licensed to convey so much of the real estate, of which he died seised, as should be sufficient to pay these debts and legacies, with the charges of sale.

1Opinion of the Court

* Parsons, C. J.

Henry Jackson made his last will [ * 150 ] on the 13th of January, 1805, in which he makes the following dispositions of his estate: —

First. After all his just debts and funeral charges are paid, he gives to such of his nephews and nieces as may survive him, fifty dollars each. Also he gives to his sister Susanna Gray, in fee, certain specific real estate, on condition that she does not demand against his estate her portion of her father’s estate remaining in his hands; and his executors are to hold the real estate, thus devised her, upon the same trusts as he held her said…

2Cited by42 opinions

  1. Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
  2. Hoyt v. . HoytNew York Court of Appeals · 1881
  3. Mooers v. WhiteNew York Court of Chancery · 1822
  4. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  5. Nichols v. AllenMassachusetts Supreme Judicial Court · 1881

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