Parker v. Parker
Massachusetts Supreme Judicial Court
Bill of interpleader, by the executor of the will of Nathan Parker, against Comfort Parker and Bernice Parker, to determine the rights of the parties in interest under the will of the testator, dated April 8, 1869, which contained the following clauses: “ First. My will is that all my just debts shall be paid in full, with all the expense of my burial. “Second.
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Bill of interpleader, by the executor of the will of Nathan Parker, against Comfort Parker and Bernice Parker, to determine the rights of the parties in interest under the will of the testator, dated April 8, 1869, which contained the following clauses: “ First. My will is that all my just debts shall be paid in full, with all the expense of my burial. “Second. I hereby give and bequeath to my wife, Fanny Parker, the use and income of all the property, both real and personal, of which I may die seised and possessed, during her natural life. “Third. I give and bequeath to my daughter, Belinda…
1Opinion of the CourtEndicott, J.
The court is of opinion that the “ home and maintenance” given to Comfort Parker, by the will of her father, was intended by him to be a home and maintenance on the premises where he lived at the time of his death; this intention is to be gathered from this and other provisions of the will and the circumstances which surrounded the testator at the time it was made.
The testator left a widow, three sons, three married daughters, and Comfort, then about seventeen years of age. He gave to each of his married daughters legacies in money, and to Comfort a small sum of money, and “ a home and…
2Cases cited2 opinions
- Willett v. CarrollCourt of Appeals of Maryland · 1859
- Conant v. StrattonMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Cummings v. TolmanMassachusetts Supreme Judicial Court · 1935
- Proctor v. ProctorMassachusetts Supreme Judicial Court · 1886
- Greene v. RathbunSupreme Court of Rhode Island · 1911
- Hopkins v. ColsonMassachusetts Supreme Judicial Court · 1893
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