Firth v. Denny
Massachusetts Supreme Judicial Court
Bill in equity by the executors of the will of Isaac South-gate, praying for the direction of this court as to the proper disposal to be made of the sum of nine thousand dollars, the income of which was bequeathed by him to his wife during her life.
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Bill in equity by the executors of the will of Isaac South-gate, praying for the direction of this court as to the proper disposal to be made of the sum of nine thousand dollars, the income of which was bequeathed by him to his wife during her life. The will, after the above bequest, contained the following provision : “ And I hereby authorize and empower my executors, whom I hereby appoint as trustees, the survivors and survivor and their successors, to invest the last mentioned sum, to wit, nine thousand dollars, as soon as conveniently may be after my decease, in some safe way on interest,…
1Opinion of the CourtMerrick, J.
The widow of the testator availed herself of her right under the statute to waive the provision made for her in the will; and she thereupon took all that portion of his real and personal estate to which she would have been entitled if he had died intestate. Gen. Sts. c. 92, § 24. St. 1861, c. 164, § 1. But this renunciation annulled only those provisions in the will *471in which she had a personal interest. It could not revoke or invalidate the bequests to other legatees, nor in any way affect them except by causing a diminution of the remaining part of the estate out of which they were to be…
2Cited by2 opinions
- Young's AppealsSupreme Court of Pennsylvania · 1885
- In Re Estate of NixonNew Jersey Superior Court Appellate Division · 1962