Thissell v. Schillinger
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Worcester, June 3, 1902, by the executors under the will of Ellen H. Worcester, late of Clinton, for instructions.
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Bill in equity, filed in the Probate Court for the county of Worcester, June 3, 1902, by the executors under the will of Ellen H. Worcester, late of Clinton, for instructions. The Probate Court made a decree that by the true construction of the will the proceeds of real estate sold by the executors and remaining after the payment of debts, charges of administration and pecuniary legacies should be divided among the heirs at law of Ellen H. Worcester as intestate property, and that, inasmuch as the personal property of the deceased was insufficient to pay said debts, charges, and pecuniary…
1Opinion of the CourtBraley, J.
In the interpretation of the will of the testatrix and in order Jo ascertain her intention all the clauses of the instrument are to be considered, and given effect where this is possible unless such a construction becomes inconsistent with her manifest purpose. Shattuck v. Balcom, 170 Mass. 245, 251.
Between the date of its execution and her death a period of less than a month elapsed, and upon the will being admitted to probate the inventory disclosed the value of the real estate to be largely in excess of the personal property, and it must be presumed that she knew that the latter was…
2Cases cited10 opinions
- Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Shattuck v. BalcomMassachusetts Supreme Judicial Court · 1898
- Taggard v. PiperMassachusetts Supreme Judicial Court · 1875
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- Huntress v. HanleyMassachusetts Supreme Judicial Court · 1907
- Baker v. Commissioner of Corp. & TaxationMassachusetts Supreme Judicial Court · 1925
- Allen v. CostelloMassachusetts Supreme Judicial Court · 1913
- Crawford v. NiesMassachusetts Supreme Judicial Court · 1916
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