Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Massachusetts opinions name it 2 courts 1922–2021 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Moffatt v. Heongreen2 sentences1987The legacy is adeemed by the act of the testator.’” Moffatt v. Heon, 242 Mass. 201, 203-204 (1922). 1931The legacy is adeemed by the act of the testator.” In addition to the authorities collected in Moffatt v. Heon, 242 Mass. 201 , see Towle v. Swasey, 106 Mass. 100, 106 ; Meyerovitz v. Jacobovitz, 263 Mass. 47 . | 1 | 2 |
Rose v. Rosegreen1 sentence2021The legacy is adeemed by the act of the testator." Rose v. Rose, 80 Mass. App. Ct. 480, 482 (2011), quoting Kelley, supra at 711 . | 1 | 1 |
Bostwick v. Hurstelgreen1 sentence2011The legacy is adeemed by the act of the testator.” Id. at 711-712 , quoting from Bostwick v. Hurstel, 364 Mass. 282, 295 (1973). | 1 | 1 |
Fiduciary Trust Co. v. Mishougreen1 sentence1960See Fiduciary Trust Co. v. Mishou, 321 Mass. 615, 628-629 , in which there is discussion of the great weight to be given to the intention of the testator in this respect. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tomlinson v. Bury
green
2 sentences1987As was said in Tomlinson v. Bury, supra (348): ‘If the testator subsequently parts with the property, even if he exchanges it for other property or purchases other property with the proceeds, the legatee has no claim on the estate for the value of his legacy. 1931In that cáse the authorities are reviewed and this quotation from Tomlinson v. Bury, 145 Mass. 346, 348 , .appears at pages 203-204: “If the testator subsequently parts with the property, even if he exchanges it for other property or purchases other property with the proceeds, the legatee has no claim on the estate for the value of his legacy. | 3 | 1922–1987 |
Kelley v. Neilson
green
2 sentences2021The legacy is adeemed by the act of the testator." Rose v. Rose, 80 Mass. App. Ct. 480, 482 (2011), quoting Kelley, supra at 711 . 2011The legacy is adeemed by the act of the testator.” Id. at 711-712 , quoting from Bostwick v. Hurstel, 364 Mass. 282, 295 (1973). | 2 | 2011–2021 |
Walsh v. Gillespie
green
1 sentence2001The legacy is adeemed by the act of the testator.” Nevertheless, we have on occasion departed from a rigid application of the “identity” rule where the rule would yield a harsh and unjust result and “would result in a disruption of the dispositive scheme of the testatrix because of wholly fortuitous circumstances beyond her control.” Walsh v. Gillespie, supra at 282-283 . | 1 | 2001–2001 |
Towle v. Swasey
green
1 sentence1931The legacy is adeemed by the act of the testator.” In addition to the authorities collected in Moffatt v. Heon, 242 Mass. 201 , see Towle v. Swasey, 106 Mass. 100, 106 ; Meyerovitz v. Jacobovitz, 263 Mass. 47 . | 1 | 1931–1931 |
Meyerovitz v. Jacobovitz
green
1 sentence1931The legacy is adeemed by the act of the testator.” In addition to the authorities collected in Moffatt v. Heon, 242 Mass. 201 , see Towle v. Swasey, 106 Mass. 100, 106 ; Meyerovitz v. Jacobovitz, 263 Mass. 47 . | 1 | 1931–1931 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.