Amerige v. Attorney General

88 N.E.2d 126 (1949)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Amerige v. Attorney General

Massachusetts Supreme Judicial Court
88 N.E.2d 126 (1949)

SC

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 820,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 820,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 820,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 989 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Wills, Trusts, and Estates

Key Terms