Claflin v. Tilton

Massachusetts Supreme Judicial Court

Claflin v. Tilton

5 N.E. 649, 141 Mass. 343, 1886 Mass. LEXIS 204

CourtMassachusetts Supreme Judicial Court

DecidedMarch 25, 1886

StatusPublished

Cited by3 cases

This text of 5 N.E. 649 (Claflin v. Tilton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claflin v. Tilton, 5 N.E. 649, 141 Mass. 343, 1886 Mass. LEXIS 204 (Mass. 1886).

Pincite

Opinion

By the Court.

The gift in the ninth clause of the will of John Ashton, “ to the said John B. Callender and Mary H. Til-ton the additional sum of two thousand dollars each,” cannot be construed as a gift of $4000 to a class, which, in the case of the death of one before the testator, would go to the survivor. It is clearly a gift of $2000 to each of the legatees named, individually; and, as John B. Callender died before the testator, the legacy to him lapsed. Workman v. Workman, 2 Allen, 472. Jackson v. Roberts, 14 Gray, 546.

Decree affirmed.

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By the Court.

The gift in the ninth clause of the will of John Ashton, “ to the said John B. Callender and Mary H. Til-ton the additional sum of two thousand dollars each,” cannot be construed as a gift of $4000 to a class, which, in the case of the death of one before the testator, would go to the survivor. It is clearly a gift of $2000 to each of the legatees named, individually; and, as John B. Callender died before the testator, the legacy to him lapsed. Workman v. Workman, 2 Allen, 472. Jackson v. Roberts, 14 Gray, 546.

Decree affirmed.

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Bluebook (online)

5 N.E. 649, 141 Mass. 343, 1886 Mass. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claflin-v-tilton-mass-1886.

Opinion

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