Hall v. Cogswell

• Decision Date: 17 June 1903
• Parties: HALL v. COGSWELL et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

183 Mass. 521

67 N.E. 644

HALL v. COGSWELL et al.

Supreme Judicial Court of Massachusetts, Norfolk.

June 17, 1903

COUNSEL

John W. Pettengill and Marcellus Coggan, for Helen R. and John B robinson.

Everett C. Bumpus, F. E. H. Gary, and John B. Sullivan, Jr., for Charles F. Cogswell.

OPINION

LORING, J.

This is a bill by the executor of the will of Hannah Etta Cogswell brought under Rev. Laws, c. 162, § 5, asking instructions as to his duties as executor, and reserved for our consideration on bill and answers. The bill alleges that the will has been duly admitted to probate, that the plaintiff 'is the executor,' and that he duly qualified as such on July 25 1900. The estate of the testator consists of three parcels of real estate situated in Brookline, and 'a small amount of personal property.' The real estate consists of three parcels--9 and 11 Centre street and 1356 Beacon street. The assessed valuation of the Beacon street estate is $7,500, and that of 9 and 11 Centre street, not given separately, is $32,000. We assume that the debts are paid, although there is no allegation to that effect in the bill and answers.

The article of the will referred to in the questions set forth in the bill is as follows: 'Item. I give and bequeath unto the said Dr. Charles F. Cogswell and the said Dr. Newbert J Hall, their heirs and assigns in fee simple, all my real estate wherever or however the same may be situated; but I limit and restrict the sale and conveyance and transfer of the dwelling houses numbered nine ('9') and eleven ('11') Centre street, in said Brookline, until the elapsing of five years after my decease; also, that all the furniture in dwelling No. '9' shall go with the said dwelling in the bequest; also that dwelling numbered nine ('9') together with the furniture therein shall be used, occupied and enjoyed as and for a home for said Dr. Charles F. Cogswell, Dr. Newbert J. Hall, Helen R. Robinson and her son John Brooks Robinson, so long as said Dr. Cogswell and Dr. Hall shall own the same; also that whenever said dwellings shall be sold, that out of the proceeds of such sale, the said Dr. Charles F. Cogswell shall be paid and receive from my estate or my said executors the sum of six thousand dollars without limit, qualification, or restriction, as his sole and separate property; and direct and will that the balance of the money or estate remaining from the sale of said dwelling houses shall be invested in suitable and profitable real estate in said Brookline or in the city of Boston, in our County of Suffolk and that such part or portion of the said real estate as may be fit and proper is to be had, used, occupied and enjoyed as and for a home as and for said Dr. Charles F. Cogswell, Dr. Hall, Helen R. Robinson and John Brooks Robinson. I also direct and will that the said Dr. Cogswell shall pay unto the said Dr. Hall during his natural life one-third of the net income of the premises now numbered '1356' on Beacon street, in said Brookline, and at this date occupied by one J. A. Purrington; and I also direct and request that the said Dr. Hall and the said Dr. Cogswell see to it that the said Helen R. Robinson be suitably and comfortably maintained during her natural life. And I also direct and will that upon the decease of either said Dr. Cogswell or Dr. Hall the whole of the remaining estate either real, personal or mixed then shall descend to...