Bates v. Dewson

• Decision Date: 13 February 1880
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: John D. Bates & another, administrators, v. Alexander Dewson & others

128 Mass. 334

John D. Bates & another, administrators, v. Alexander Dewson & others

Supreme Court of Massachusetts

February 13, 1880

Argued November 18, 1879; May 8, 1879

Suffolk. Bill in equity by the administrators with the will annexed of the estate of William H. Bordman, against Alexander Dewson, Edwin G. Walker and Eliza Dewson, to determine the distribution or disposition of the sum of $ 1000, held by the plaintiffs under the following clause in the will of the testator, dated Nov. 30, 1841: "To Alexander Dewson, my servant, I give a house to be purchased not exceeding in cost one thousand dollars, and an annuity during his life of one hundred dollars per annum. The house to be held in trust by Stephen H. Williams, and to be so legally placed as not to be liable for his debts, but to revert to his family on his decease; a sum of money sufficient to produce the sum of one hundred dollars interest per annum to be placed in the hands of said Williams, and the annuity to be paid to said Dewson personally."

The case was heard upon bill and answers, and reserved by Morton J., for the determination of the full court, and was as follows:

Alexander Dewson, mentioned in the will, died in May 1851, leaving a widow, Eliza, a son named Alexander, and Edwin G. Walker, his stepson, the child of Eliza by a former husband. When Alexander and Eliza were married, this child was about three years of age, and lived with, was supported by, and formed one of the family of, Alexander from the time of the latter's marriage to Eliza until his death. The testator died on June 15, 1872. Williams declined to accept the trust and no trustee has been appointed in his place. All the defendants contended that the legacy of $ 1000 did not lapse by the death of Alexander Dewson named therein. The son contended that that sum should be paid to him as sole heir at law of his father. The widow and stepson contended that each was entitled to one third of this sum.

G. A James, for the son.

C. A. Prince, for the widow and stepson.

Gray C. J. Colt & Ames, JJ., absent.

OPINION

The Court held that the question whether the legacy of $ 1000 lapsed by the death of Alexander Dewson before the death of the testator could not be decided, because the residuary devisees were not made parties, and

Discharged the report.

The bill was then amended by making the residuary devisees parties; and they answered, submitting their...