Seavey v. O'Brien

The petitioner is the trustee under the will of Frank P. O’Brien, late of Chatham, who died in November, 1916. The will left the residue of the estate in trust in such manner that in the events which have occurred one half of the income of the fund remaining after paying $200 quarterly to one Harrington during her life has become payable to the “heirs” of Edward F. O’Brien, a son of the testator. Edward F. O’Brien died March 10, 1939, leaving no issue, but leaving a widow and a niece. From statements in the briefs of both respondents it appears that the case was tried upon the theory that it…