Claflin v. Tilton

Decided March 25, 1886

Massachusetts Supreme Judicial Court · decided 1886-03-25

The case was heard by Grardner, J., and reserved for the consideration of the full court, upon agreed facts, in substance as follows: The ninth article of the will, after giving several legacies, provided in the second clause as follows: “To the said John B. Callender and Mary H. Tilton the additional sum of two thousand dollars each.” John B. Callender was not a relation by blood or adoption of the testator, and died before him.

Cited by 4 later decisions — most recently June 1916

4 state decisions

Cited in Anderson (1889)’s definition of “Earnest”

Good law ✅— No negative treatment on recordhow we know

Decided 1886-03-25

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By the Court.

¶1The 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.

¶2Decree affirmed.