Coveny v. McLaughlin

Decision Date28 February 1889
Citation20 N.E. 165,148 Mass. 576
PartiesCOVENY v. MCLAUGHLIN et al.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

I.H. Ponce and G.M. Stearns, for petitioner and respondent Timothy Coffey.

Richardson & Hale, for respondent Craig.

OPINION

C. ALLEN, J.

The 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 of 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. No 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.

Petition dismissed.

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21 cases
  • Clarke v. Fay
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 25 Febrero 1910
    ... ... 1037; ... Boston Safe Deposit & Trust Co. v. Blanchard, 196 ... Mass. 35, 81 N.E. 654; Hale v. Hobson, 167 Mass ... 397, 45 N.E. 913; Coveny v. McLaughlin, 148 Mass ... 576, 20 N.E. 165, 2 L. R. A. 448; Golladay v. Knock, ... 235 Ill. 412 85 N.E. 649, 126 Am. St. Rep. 224; Jones v ... ...
  • Mullaney v. Monahan
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 1 Marzo 1919
    ... ... 389]the widow's death as the moment for vesting. Coveny v. McLaughlin, 148 Mass. 576, 20 N. E. 165,2 L. R. A. 448;Sias v. Chase, 207 Mass. 372, 375, 93 N. E. 802. It follows that the remainder did not vest ... ...
  • Pulse v. Osborn
    • United States
    • Indiana Appellate Court
    • 23 Mayo 1902
    ... ... Dills, and not to the death of the testatrix. Coveny v. McLaughlin, 148 Mass. 576, 20 N. E. 165, 2 L. R. A. 448;Denny v. Kettell, 135 Mass. 138;Wood v. Bullard, 151 Mass. 324, 25 N. E. 67, 7 L. R. A ... ...
  • Hawke v. Lodge
    • United States
    • Court of Chancery of Delaware
    • 9 Noviembre 1910
    ... ... 130; In Massachusetts, Hurlburt v. Emerson, 16 Mass ... 240; Olney v. Hull, 21 Pick. 311; Denny v ... Kettell, 135 Mass. 138; Coveny v. McLaughlin, ... 148 Mass. 576; In New Hampshire, Hill v. Rockingham ... Bank, 45 N.H. 270; O'Brien v. O'Leary, ... 64 N.H. 332; Hall v ... ...
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