Waring v. Loring
Massachusetts Supreme Judicial Court
504 N.E.2d 644 (1987)
- Written by Sean Carroll, JD
Facts
Frank Peabody died, survived by his wife, Gertrude, and his daughter, Amelia. Frank’s will left the bulk of his estate to Gertrude and Amelia. Specifically, the will left Amelia a life interest in a trust. The will’s ninth paragraph stated, “The provisions of this will for the benefit of my wife, Gertrude Peabody, are in lieu of dower and of all her statutory rights in or to any part of my estate.” Amelia died intestate. Frank’s will provided that if this occurred, the balance of the trust should be distributed among his partners at Kidder, Peabody & Company who were living at the time of his death and at the time of Amelia’s death. All potentially qualifying partners were deceased at the time of Amelia’s death. Frank’s will did not provide for any further contingencies. The will was admitted to probate upon Amelia’s death. Under Massachusetts intestacy law, Gertrude would receive one-third of Frank’s intestate property and Amelia would receive two-thirds. Amelia’s estate argued that this distribution was improper due to the ninth paragraph of the will, which, they argued, meant that Gertrude was not entitled to anything under the intestacy law.
Rule of Law
Issue
Holding and Reasoning (Lynch, J.)
Dissent (Wilkins, J.)
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