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148 Mass. 576

Coveny v. McLaughlin

Massachusetts Supreme Judicial Court

Decided February 28, 1889

Massachusetts Supreme Judicial Court · decided 1889-02-28

Petition for partition of real estate, situated and numbered 17 on Harris Street, formerly Bartlett Street, in Boston, the property at his decease of John Coffey. Trial in this court, before Field, J., who reported the case for the consideration of the full court, the report, so far as material, being as follows.

Relies on Denny v. Kettell

Good law ✅— No negative treatment on recordhow we know

Decided 1889-02-28

How this case has been cited

Cited by 14 later decisions — most recently August 1939

13 state decisions

50188918901900191019201930decided

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.

View the full empirical analysis of this case →

C. Allen, J.

¶1The testator devised his dwelling-house to his wife for her life, and added, “ but on her decease I give' and devise the same to my surviving children, to be divided equally between them.” Five children survived the testator, but only two survived the wife; and the question is whether the word “ surviving ” relates to the time of the testator’s death or to that *578of his wife’s death. According to the natural use of language, it has reference to the latter event. It is placed in close connection with her decease. Ho reference is made to the time of his own death in any part of the will. The word “ surviving ” would be unnecessary and meaningless if he meant to give the remainder of the estate to all of his children. The children surviving on her decease must be taken to be the devisees intended. See Denny v. Kettell, 135 Mass. 138, and cases there cited.

¶2Petition dismissed.

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