Fabens v. Fabens
Massachusetts Supreme Judicial Court
Bill in equity, by the trustees under the will of Charles H. Fabens, to obtain the instructions of the court as to the construction of the will.
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Bill in equity, by the trustees under the will of Charles H. Fabens, to obtain the instructions of the court as to the construction of the will. The bill alleged that the testator died in 1869, leaving a widow, Marie Euphrasie Fabens, and four children, Charles Eugene Fabens, Leonide Euphrasie Fabens, and the plaintiffs, Benjamin H. Fabens and Auguste Jerome Fabens; and that he left a will, executed on June 6, 1867, which was duly admitted to probate, and which was as follows: “ I give my house in Chestnut Street, with the land belonging to it and all my household furniture, to my wife, to…
1Opinion of the CourtC. Allen, J.
The first question which we have considered is, whether the whole estate is to be kept together until the death of the widow and of all the children of the testator, or whether, upon the death of any child, his or her heirs shall at once receive a distribution of that portion of the estate of which the child had received the income. It does not appear that any injury will result to the widow or to any of the surviving children from making such distribution, and none has been suggested by counsel. The widow will still receive the income of one fifth of the whole property, as she does at…
2Cases cited1 opinion
- Merrill v. PrestonMassachusetts Supreme Judicial Court · 1883
3Cited by18 opinions
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
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