Hopkins v. Colson
Hopkins v. Colson
Opinion of the Court
The third article of the will of Mrs. Colson is as follows: “ Third. I will and direct that at my decease my executors pay to the Old Ladies’ Home in Boston a sum sufficient to secure a home for life to my sister, Prudence Pray. I also bequeath to her the sum of five dollars annually, to spend as she sees fit. And I further direct my executors to see that she is suitably clothed.”
It appears from the auditor’s report that, after the death of Mrs. Colson, Mr. Leach, the executor of the will, who was afterwards appointed trustee, made application “ for Miss Pray’s admission to the Old Ladies’ Home in Boston, and there seem to have been some negotiations in regard to it, but for some reason — exactly what does not appear — she was never received into the Home. Mr. Andrew Cushing, the president of that institution, testified, and the rules of that institution provide, that the amount to be paid for admission is $150. Mr. Cushing testified that this was the lowest amount. It was the amount when no other arrangement was made. They require a person having property, on coming into the Home, to give it all up to the Home, and to sign a bond to give up all their future acquired property to the Home. A person who is received into the Home has provided by that institution food, clothing,
The fourteenth article of the will is as follows: “Fourteenth. I give and bequeath to my three children, Willis A. Colson, Angelina E. Leach, and Mary D. McLea, and my two grandchildren, Bessie and George Colson, children of my son, George H. Colson, deceased, in equal shares, all the rest and residue of my property, including the remainder of my furniture, real estate, notes, bonds, or other securities, in trust, the income of which, excepting as directed in the third item, shall be shared equally between them, to dispose of as they severally shall see fit, during the lifetime of each. The principal to be divided equally among their children at their decease; but in case either of my children shall die without issue, their share shall be divided equally among the surviving grandchildren. At the death of either or both of my above named grandchildren, Bessie or George Colson, their share or shares shall be divided equally among my heirs.”
The amount of all the property left by Mrs. Colson was about $8,000 in real property and $2,700 in personal property, “ consisting mainly of articles of property and household furniture, which are covered by specific bequests of the will.”
It is conceded that Miss Pray was entitled to be suitably clothed at the expense of the estate while she lived, and to receive out of it five dollars a year for spending money. The dispute is whether, as she was not received into the Home, she was entitled to be supported elsewhere while she lived, at the expense of the estate, and to be buried at its expense when she died.
The auditor ruled that she was not so entitled, and found that items of credit to the amount of $409.93 in the first account of Mr. Leach, and to the amount of $1,005.34 in the second account, should be disallowed. Mrs. Colson died on March 9, 1884, and Miss Pray died on June 10, 1889.
In Parker v. Parker, 126 Mass. 433, 437, it is said: “ Where a testator provides in his will that his wife, child, or other person shall be supported and maintained by his executor, or where the condition of a deed or mortgage recites that the grantee or mortgagor shall support the grantor or mortgagee, and the in
Reference
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- Samuel B. Hopkins v. Willis A. Colson & others
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