Bosworth v. Massachusetts Woman's Christian Temperance Union
| Decision Date | 27 December 1937 |
| Citation | 11 N.E.2d 916,299 Mass. 93 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | MABEL D. BOSWORTH, executrix, v. MASSACHUSETTS WOMAN'S CHRISTIAN TEMPERANCE UNION, INC., & others. |
October 4, 1937.
Present: RUGG, C.
J., FIELD, DONAHUE LUMMUS, & QUA, JJ.
Devise and Legacy Identity of beneficiary.
Upon extrinsic evidence, a bequest to the "Womens Christian Association," was construed to mean the "Massachusetts Woman's Christian Temperance
Union, Inc.," with a local chapter of which the testatrix had had a long continued and intimate interest, and not the "Boston Young Women's
Christian Association," in which the testatrix, so far as appeared, had had no interest.
PETITION for instructions, filed in the Probate Court for the county of Middlesex on October 20, 1936.
The case was heard by Monahan, J. The respondent Boston Young Women's Christian Association appealed from a decree entered by his order.
R. F. Barrett stated the case. A. Julian, for Boston Young Women's Christian Association.
G. B. Hayward, for Massachusetts Woman's Christian Temperance Union, Inc. V P. Clarke, for The Morgan Memorial Cooperative Industries and Stores, Inc.
QUA, J. Juliet Blanchard, late of Acton, the petitioner's testatrix died in 1936 at the age of eighty-six, leaving a will dated December 19, 1931, and containing in numbered clauses legacies to various relatives and in clause "Eleventh" a bequest of the residue to the Hillside Home for Boys in Marlborough. She also left this codicil made in 1934:
The half interest in the residue given by the codicil to "The Womens Christian Association" is now claimed by each of two corporations, Boston Young Women's Christian Association and Massachusetts Woman's Christian Temperance Union, Inc. As the name mentioned in the will is not the true name of either claimant, parol evidence was properly admitted as an aid in construing the words used in the codicil. Tucker v. Seaman's Aid Society, 7 Met. 188, 208. Kingman v. New Bedford Home for Aged, 237 Mass. 323 , 326. That evidence is not reported.
The judge made the following findings with reference to Massachusetts Woman's Christian Temperance Union, Inc.: Until 1920 this respondent had a local chapter in Acton comprised mostly of elderly persons. The testatrix had been an active member of this chapter, had been vice-president, and had attended the meetings regularly. The testatrix's sister, with whom the testatrix lived, had been president and treasurer. The testatrix was very proud of her membership in this organization. She had bought life memberships both for herself and for her sister. She occasionally wore a pin inscribed with the letters W. C. T. U. After the discontinuance of the Acton chapter she corresponded frequently with the office in Boston. This respondent does charitable work, giving help to the poor of families in which there is intemperance. A great part of its time is devoted to the relief of the poor. The testatrix contributed money and time in aid of this charitable work. During the Christmas season she would go to the headquarters to assist in the preparation of Christmas baskets. This organization was the testatrix's chief interest.
With reference to the respondent Boston Young Women's
Christian Association the judge made these findings: It is organized to provide for the...
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