Tilton v. Tilton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Essex on August 8, 1906, by the executors of the will of George Henry Tilton, late of Wenham, for instructions whether a legacy of $3,000 left by the terms of the will to Palmer Tilton of Baltimore in the State of Maryland, who died before the testator, should be paid in full by virtue of R. L. c. 135, § 21, to Palmer Tilton of Gastonia in the State of North Carolina, the issue of Palmer Tilton late of Baltimore,…
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Bill in equity, filed in the Probate Court for the county of Essex on August 8, 1906, by the executors of the will of George Henry Tilton, late of Wenham, for instructions whether a legacy of $3,000 left by the terms of the will to Palmer Tilton of Baltimore in the State of Maryland, who died before the testator, should be paid in full by virtue of R. L. c. 135, § 21, to Palmer Tilton of Gastonia in the State of North Carolina, the issue of Palmer Tilton late of Baltimore, deceased, or whether under R. L. c. 141, § 23, there should be set off against and deducted from such legacy the amount…
1Opinion of the CourtKnowlton, C. J.
The petitioners are executors of a will which contains a legacy of $3,000 to one Palmer Tilton, a nephew of the testator. This nephew died before the death of the testator, leaving as his only child the respondent, Palmer Tilton. Were it not for the provision contained in the R. L. c. 135, § 21, this legacy would have lapsed. Under that provi*564sion the respondent takes it. His father, the original legatee, was indebted to the testator in the sum of $1,500, and the only question in the case is whether the respondent takes the legacy subject to a set-off or takes the whole of it, absolutely.
It is…
2Cases cited4 opinions
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Drew v. StreeterMassachusetts Supreme Judicial Court · 1884
- Fletcher v. WormingtonSupreme Court of Kansas · 1880
- Jones v. TreadwellMassachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- Inhabitants of Great Barrington v. GibbonsMassachusetts Supreme Judicial Court · 1908
- Sheley v. ShaferNew Mexico Supreme Court · 1931
- Bedford v. BedfordSupreme Court of Arkansas · 1912
- Esmond v. EsmondAppellate Court of Illinois · 1909
- Callery's EstateSupreme Court of Pennsylvania · 1938
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