[DOWNLOAD] "Cotter Et Al. v. Cotter" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Cotter Et Al. v. Cotter
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
PIERCE, Justice. This is a petition in equity by Mary M. Cotter, Thomas E. Cotter and John L. Cotter for the construction of the will of John Cotter, deceased. On June 5, 1933, John Cotter, late of Cambridge, Middlesex County, died testate and his will was proved and allowed. Said will reads as follows: 'Know All Men by These Presents that I, John Cotter of Cambridge in the County of Middlesex and Commonwealth of Massachusetts, being of sound and disposing mind and memory do make this my last will and testament hereby revoking all wills and codicils by me at any time heretofore made. After the payment of my just debts and funeral expenses, I give, devise and bequeath my property as follows: -- 1. To my daughter Ellen E. Cotter now known as Sister Bertha of the Order of Saint Joseph now residing at Canton, Massachusetts, the sum of Five Hundred Dollars to be used for Masses for the repose of the souls of myself and my wife. 2. All the rest and residue of my estate both real and personal I give to my wife Bridget Cotter to her own use but in trust nevertheless to hold and manage the same and to use the income thereof and so much of the principal as she may deem necessary for her comfortable support and maintenance during her lifetime and I hereby empower my said wife to sell at public or private sale any portion or the whole of this estate, real or personal, and to execute, acknowledge and deliver good and sufficient deeds and other instruments to convey and transfer the same. Upon the death of my said wife whatever may remain of said trust property is to be divided equally between my children Thomas E. Cotter, John L. Cotter, William Francis Cotter and Mary M. Cotter, the issue of any deceased child to take the parent's share by right of representation. 3. The bequest of Five Hundred Dollars to my daughter Ellen E. Cotter to be used for Masses is in lieu of any share she might receive upon the death of my said wife. 4. I nominate my said wife Bridget Cotter executrix of this will and request that she be exempt from furnishing any surety or sureties either as executrix or as trustee hereunder.' Bridget Cotter, the wife of said John Cotter, survived him, as did all the children named in the will. On March 4, 1934, William Francis Cotter, by deed duly recorded, conveyed to his wife, the present respondent Regina H. Cotter, all his right, title and interest in and to the estate of the late John Cotter. William Francis Cotter died on April 14, 1934, leaving no issue. Bridget Cotter, the life tenant of the estate of John Cotter, died on March 24, 1935. His estate was fully administered. All the debts and claims against the estate were paid and the personal property was distributed as directed by said will. John Cotter died seized and possessed of certain real estate in the city of Cambridge. None of this real estate was sold by Bridget Cotter, either under power contained in his will or under any license of the Probate Court.