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Amerige v. Attorney General

88 N.E.2d 126 (1949)

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Amerige v. Attorney General

Massachusetts Supreme Judicial Court

88 N.E.2d 126 (1949)

Facts

Timothy Leeds’s will left property in trust for his brother, James Leeds, for his life. The will stated that upon James’s death, the property would go to whomever James appointed by his will. James combined his property with that received from Timothy, and James’s will left that property in trust for his daughter, Mary Elizabeth Williams, for her life. James’s will stated that upon Mary’s death, the property would go to whomever Mary appointed by her will. Mary combined her property with that received from James, and Mary’s will left the residue of her estate in trust for her two children for their life and then to their issue. If the children did not have any surviving issue, the will stated that the residue was to go to certain charities. Mary was survived by her two children who were not living at the time of Timothy’s death. Upon Mary’s death, Mary’s trustees (plaintiffs) filed a petition to construe Mary’s will. The charities that Mary appointed under her will claimed that none of the property that Mary appointed in her will was derived from Timothy. They argued that the doctrine of selective allocation applied to James’s dispositions and that Timothy’s property was exhausted by such dispositions, leaving only James’s property to distribute.

Rule of Law

Issue

Holding and Reasoning (Spalding, J.)

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