181 Mass. 213
Massachusetts Supreme Judicial Court
Decided April 2, 1902
Massachusetts Supreme Judicial Court · decided 1902-04-02
Petition, filed in the Probate Court for the County of Suffolk February 25,1901, to determine the construction of the will of Hannah Barry as to whether certain real estate numbered 9 on West Cottage Street in that part of Boston called Roxbury owned by the testatrix at the time of her death was included in a trust created by the fourth article of her will. In the.
Decided 1902-04-02
¶1This is a very plain case. It is unnecessary to recite in detail the language of the will. It is clear that the provisions of the trust created in the fourth clause are applicable only to the Oneida Street estate. In one part of the clause this estate is expressly designated as “ the subject of the foregoing trust.” The real estate subsequently acquired by-the testatrix formed no part of the trust estate.
¶2Decree affirmed.