Hayden v. Barrett
Massachusetts Supreme Judicial Court
Bill in equity, for instructions as to the construction of the following portion of the will of Sidney B. Morse: “ Tenth.
Read the full summary
Bill in equity, for instructions as to the construction of the following portion of the will of Sidney B. Morse: “ Tenth. I give, devise, and bequeath all the rest, residue, and remainder of my property and estate, real, personal, and mixed, . . . to . . . trustees ... to pay the net income, rents, and profits thereof to my beloved wife Mary Ann Morse during her life, . . . and upon her decease to continue to hold . . . the same during the term of ten years from said time. . . . “5. To pay three tenths of the income thereof to the children of my brother George H. Morse, viz.: Mary Ann Morse,…
1Opinion of the CourtHammond, J.
The single question is whether under the fifth clause of the tenth item of this will the illegitimate son of Mary Ann Morse takes as her “ heir by blood.”
By the common law of England and of this Commonwealth a bastard in all matters relating to the inheritance of property was nobody’s child, and as to such matters his existence was therefore ignored. Cooley v. Dewey, 4 Pick. 93. 2 Dane, Abr. 522, and cases therein cited. Pratt v. Atwood, 108 Mass. 40.
And accordingly it is also well settled that, in the absence of any language clearly expressing the contrary, all general words in the statutes…
2Cases cited4 opinions
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Haraden v. LarrabeeMassachusetts Supreme Judicial Court · 1873
- Pratt v. AtwoodMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Powers v. WilkinsonMassachusetts Supreme Judicial Court · 1987
- Truelove v. TrueloveIndiana Supreme Court · 1909
- O'Brien v. WalkerHawaii Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.