(Download) "Dockray v. O'Leary Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Dockray v. O'Leary Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
DONAHUE, Justice. The executor of the will of Michael J. Dockray, who was also a son of the testator, brought a petition in the probate court asking for instructions with regard to the Disposition of certain personal property not specifically disposed of by the will or codicil. The will devised certain property to each of his five children including a sum of money to his daughter Frances L. O'Leary who died before the testator, leaving two children, Charles O'Leary and James A. O'Leary, Jr. About two months after her death the testator made a codicil to the will which recited the death of his daughter, stated 'It is my will that my grandsons, Charles and James A. O'Leary, Jr., shall receive no part of my estate' and divided the sum of money bequeathed to his daughter under the will among the son who was named executor and two other of his sons in different amounts. Neither will nor codicil contained any devise or bequest of the residue of the testator's estate which consists of personal property. So far as appears the estate is ready for distribution. The will and codicil contain no continuing trusts and the administration of the estate will be fully completed when the simple ministerial act of distribution is performed. This being the situation, the executor filed his petition for instructions. The petitioner named as parties respondent himself, his three brothers and the two grandsons of the testator, these being all of the testator's heirs at law and next of kin. The petitioner in his individual capacity, his three brothers and the two grandsons accepted service of the petition and thus became the parties respondent to the suit. The only appearance for any of the respondents was filed by counsel for the two grandsons. An appearance was entered for the petitioner in his official capacity as executor. The probate Judge entered a decree ordering 'that the residue of the estate not specifically disposed of by the will and codicil be distributed as follows: one fifth each' to the four sons of the testator and 'one tenth each' to the grandsons.
 "Dockray v. O'Leary Et Al." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free){kind=link}