100 Mass. 222 | Mass. | 1868
The will of Daniel Howland, Jr., gives to his daughter Cynthia S. Howland certain shares of railroad stock and bridge stock, and provides: “ Should my said daughter
The authorities cited for the plaintiffs establish the right of these legatees to have the property transferred to them for their use without restraint. Of course it will be received for them by their guardian, they being minors. Whether the limitation over will be valid, in case they die before coming of age, and leaving any part of the property, is a point that does not arise.
The testator, in the eighth clause of the will, gives to his wife, Betsey R. Howland, “ all of my personal property, not disposed of as above, after paying from the same my debts to the amount of four hundred dollars, should that amount of indebtedness be found against my estate. But should my just debts amount to more than four hundred dollars, it is my will that all above that amount should be paid equally from the whole of my estate.”
The ninth clause in the will, devises to her certain real estate during her life, and the following words are added: “ But on her decease the remainder of all the property that I give to my said wife I give and devise to my son Charles W. Howland.” It is contended that the phrase “ all the property ” includes personal as well as real estate. But we are of opinion that it was intended to apply only to the real estate. This is not very material, however, because she is entitled to take the personal property and use it without restraint, on the same ground that the minor heirs take and use what is béqueathed to them.
As it is alleged that the debts exceed the sum of four hundred do'lars, and amount to twelve hundred and eighteen dollars, the
