White v. Curtis

Massachusetts Supreme Judicial Court

White v. Curtis

78 Mass. 54

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1858

StatusPublished

This text of 78 Mass. 54 (White v. Curtis) 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

White v. Curtis, 78 Mass. 54 (Mass. 1858).

Pincite

Opinion

Metcalf, J.

We are of opinion, on the authorities cited for the petitioner, that his mother took a vested interest, on the death of the testator, in the remainder which he devised to his grandchildren. The petitioner therefore inherits her estate in that remainder under the provision of the Rev. Sts. c. 61, § 2.

This view of the case renders it unnecessary to express an opinion on the question whether the petitioner is the “ legal descendant ” of Susan Lothrop, within the meaning of the testator’s will. Judgment for partition.

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Metcalf, J.

We are of opinion, on the authorities cited for the petitioner, that his mother took a vested interest, on the death of the testator, in the remainder which he devised to his grandchildren. The petitioner therefore inherits her estate in that remainder under the provision of the Rev. Sts. c. 61, § 2.

This view of the case renders it unnecessary to express an opinion on the question whether the petitioner is the “ legal descendant ” of Susan Lothrop, within the meaning of the testator’s will. Judgment for partition.

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Bluebook (online)

78 Mass. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-curtis-mass-1858.