The Northeastern Reporter (Volume 19)

9781235732508: The Northeastern Reporter (Volume 19)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889. Excerpt: ... (148 Mass. 140) Noyes v. Pritchard et al. (Supreme Judicial Court of Mnssacliusetts. Essex. December 81,1888.) Wills--Construction--Estate Undisposed Of. Testator gave his wife a life-estate in $14,000, with power to spend as much of the principal as she deemed necessary. He then, after directing payment of debts, etc, made sundry specific bequests, and in the last article provided that, "in case the estate should exceed the sum named, I give to my wife 50 cents on the dollar, and to my father and brother William the balance equally." Held, that testator intended by this article to dispose merely of any excess over the sums already named, and not of any portion of the $14,000 mentioned in the second article. Therefore the portion of that sum paid over on the death of the widow to the testator's representative must be regarded as undisposed of by the will. Appeal from supreme judicial court, Essex county; C. Allen, Judge. Bill in equity by Amos Noyes, administrator d. b. n. c. t. a. of Thomas Pritchard, Jr., to obtain the instruction of the court as to the construction of the will and the distribution of the funds in his hands. The second article of the will was as follows: "I give and bequeath to my beloved wife, Keturah M. Pritchard, the sum of fourteen thousand dollars, and all the household furniture I may be possessed of at my decease, during her natural life, with power to spend as much of the principal as she may require in case the income does not give her a suitable maintenance, and she is to decide that herself." The will then gave definite sums of money to several relatives of the testator, and the ninth and last article of the will was as follows: "In case the estate should exceed the sum named, I give to my wife fifty cents on the dollar, and ...

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