Harlow v. Bailey

• Decision Date: 26 September 1905
• Parties: HARLOW et al. v. BAILEY et al. WOOD et al. v. HARLOW et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

189 Mass. 208
75 N.E. 259

HARLOW et al.
v.
BAILEY et al.
WOOD et al.
v.
HARLOW et al.

Supreme Judicial Court of Massachusetts, Middlesex.

Sept. 26, 1905.

Report from Supreme Judicial Court, Middlesex County.

Bill by George Harlow and another, executors of the will of Sarah R. Harlow, deceased, against Dudley P. Bailey, administrator of Abby R. Fletcher, deceased, and others, for the construction of the will and codicil of Sarah R. Harlow, deceased. Petition by Rebecca D. Wood and another against John B. Harlow and others to quiet title to land. The causes were reported to the Supreme Judicial Court. Decree construing the will and dismissing the petition.

The parts of the will of Sarah R. Harlow necessary for a determination of the case are as follows: ‘I give and devise to my sister, Abby R. Fletcher, my real estate now occupied by me as my residence, situated on Linden street, in said Everett, being lot numbered six (6) on a ‘plan of building lots in Everett, belonging to Anthony Waterman, A. F. & N. N. Sargent, surveyors, April 25, 1871,’ recorded at Middlesex South District Registry of Deeds of Plans No. 20, Plan 47, so long as she shall remain unmarried; and I hereby authorize my said sister to sell said real estate, either at public or private sale, and to make, execute, and deliver good and sufficient deeds to convey the same, the purchaser not to be answerable for the application of the purchase money, also to invest and reinvest safely the proceeds of such sale, and to receive and appropriate to her own use the income of such investments, so long as she shall remain unmarried. I also give and bequeath to my said sister my household furniture not herein otherwise specif ically bequeathed, any and all provisions and wearing apparel remaining, on my decease, without appraisal; also the income of my other property and estate until my estate shall be settled, and after that shall be closed I give and bequeath to her the income of two thousand dollars for and during the term of her natural life. I also give and bequeath to my said sister the sum of two thousand dollars ($2,000) in addition to the income hereinbefore given; also the picture ‘Good Morning’ and the two small pictures hanging in my room; also all other personal property in my house not herein otherwise disposed of. All the rest, residue, and remainder of my estate, real, personal, and mixed, of which I shall die seised and possessed, or to which I shall be entitled at my decease, I give, devise...