Massachusetts Supreme Judicial Court, 1886

Claflin v. Tilton

Claflin v. Tilton
Massachusetts Supreme Judicial Court · Decided March 25, 1886
141 Mass. 343; 5 N.E. 649; 1886 Mass. LEXIS 204
Claflin v. Tilton

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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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