¶1Upon a view of all the provisions of this ill drawn and obscure will, we concur in opinion with the justice by whom the cause was heard, that the testator intended that his widow should receive a clear annual sum of $1200 out of his estate, whether the income of his property (excluding what he directed to be reserved) should be sufficient, or it should be necessary to apply part of the principal for that purpose; and that she should have the right to the use of so much of the furniture of any description as she might select. The oral declarations of the testator are clearly inadmissible to control the construction of his mil. Decree affirmed.
116 Mass. 304
Warren v. Gregg
Massachusetts Supreme Judicial Court
Decided November 19, 1874
Massachusetts Supreme Judicial Court · decided 1874-11-19
Bill in equity by tbe trustees, who were also administrators with the will annexed, of Samuel Gregg, against the widow and heirs at law of the testator, to obtain the instructions of the court The will of the testator, which was dated October 27, 1871, after declaring that his lawful debts should be paid, provided as follows : “ Second.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-11-19
How this case has been cited
Cited by 6 later decisions — most recently February 1910
1 federal appellate · 5 state decisions
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