320 Mass. 627 | Mass. | 1947
This petition requires a determination of the extent of the rights given to the petitioner and appellant, Irene J. Gaston, by the will of her sister Bessie L. Gaston. Peter Gaston is a respondent as the executor of and the residuary legatee under her will.
After a number of pecuniary legacies and one specific devise, the will gives to the petitioner “the right to select for herself any of my personal effects and household furnishings and effects which I received from either of my parents.”
The first question that suggests itself is whether the words quoted should be read as though a comma were inserted after “personal effects,” or as though it were inserted
But under the first phrase of the gift, by which the petitioner was given a right to select “any of my personal effects,” the petitioner claims not only all the furniture owned by the testatrix but also bank deposits and cooperative bank shares owned by her. The petitioner contends that the expression “personal effects” is the equivalent of “personal property” and covers all personalty as distinguished from realty. Doubtless the words are capable of such a broad meaning. Note, 80 Am. L. R. 941-945. Gallagher v. McKeague, 125 Wis. 116. See also Corcoran v. Gage, 289 Mass. 111; Titus v. Terkelsen, 302 Mass. 84. But a broad word is often narrowed in its meaning by the rule noscitur a sociis, or by some other indication of a restricted intent. Dole v. Johnson, 3 Allen, 364. Browne v. Cogswell, 5 Allen, 556. Woodcock v. Woodcock, 152 Mass. 353. Old Colony Trust Co. v. Hale, 302 Mass. 68, 120 Am. L. R. 1207. First National Bank v. Rothwell, 305 Mass. 116, 122. Beals v. Magenis, 307 Mass. 547, 552. The adjective “personal” would be unnecessary and useless if it did not restrict the meaning of “effects,” which standing alone would have covered all personalty. There was no realty, although a specific devise of “all my right, title and interest” in a certain house appears in the will. Moreover, the construction of the words “personal effects” contended fbr by the petitioner would make inoperative all that follows those words.
We think that the words “personal effects” were intended
The decree below was in accordance with these principles, and is
Affirmed.