¶1The legacy, given by the codicil, of $7000 “in addition to ” the $3000 given to the same person by the will, the codicil expressly ratifying and confirming the will in all other particulars, is to be paid out of the same fund and subject to the same conditions as the original legacy, and is therefore payable upon the death of the widow and out of the trust fund of which she has the income during her life. Crowder v. Clowes, 2 Ves. Jr. 449. Day v. Croft, 4 Beav. 561. Warwick v. Hawkins, 5 De G. & Sm. 481. Russell v. Dickson, 1 Con. & Laws. 284, 289; S. C. 2 Dru. & War. 133, 138. Pike v. Walley, 15 Gray, 345, 347. Decree for residuary legatees.
119 Mass. 102
Snow v. Foley
Massachusetts Supreme Judicial Court
Decided November 3, 1875
Massachusetts Supreme Judicial Court · decided 1875-11-03
Bill in equity by the executors of the will and codicil of Thomas Sullivan, against the legatees named in the will, to obtain the instructions of the court.
Good law ✅— No negative treatment on recordhow we know
Decided 1875-11-03
How this case has been cited
Cited by 4 later decisions — most recently May 1948
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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