Thayer v. Finnegan
Massachusetts Supreme Judicial Court
Contract against a surety upon a bond, dated June 27,1876, given by Thomas C. Coleman as executor of the will of Mary Coleman, in the form prescribed in the Gen. Sts. c. 93, § 2. The case was submitted to the judgment of this court, upon an agreed statement of facts, in substance as follows: The will contained the following clauses: First. I constitute my son Thomas C. Coleman to be the executor of this my last will and testament. 'Second.
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Contract against a surety upon a bond, dated June 27,1876, given by Thomas C. Coleman as executor of the will of Mary Coleman, in the form prescribed in the Gen. Sts. c. 93, § 2. The case was submitted to the judgment of this court, upon an agreed statement of facts, in substance as follows: The will contained the following clauses: First. I constitute my son Thomas C. Coleman to be the executor of this my last will and testament. 'Second. I give and bequeath to said Thomas C. Coleman all my real and personal property of which I shall die s.eised and possessed, to him and his heirs forever,…
1Opinion of the CourtC. Allen, J.
The question whether the legacy to John F. Coleman, of the expenses of his education, was a charge upon the real estate, depends upon the intention of the testatrix, as gathered from an examination of the whole of her will, in view of the existing circumstances. Particular facts have often been declared to be especially significant, as indicating such intention, and sometimes, indeed, a rule has been laid down in terms apparently absolute. Thus it is said in Hawkins on Wills, 294, that “ if legacies are given generally, and the residue of the real and personal estate is afterwards given in…
2Cases cited6 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Harris v. FlyNew York Court of Chancery · 1839
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Lewis v. DarlingSupreme Court of the United States · 1854
- Atwood v. VincentSupreme Court of Connecticut · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
- Allen v. CostelloMassachusetts Supreme Judicial Court · 1913
- Hibler v. HiblerMichigan Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.