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Wills, Trusts & Estates Keyed to Gallanis
Mahoney v. Grainger
Citation:
186 N.E. 86 (Mass. 1933)Facts
The case concerns the distribution of a legacy under the will of Helen A. Sullivan among her first cousins who are contended to be her heirs at law.
The residuary clause was as follows:
All the rest and residue of my estate, I give, bequeath to my heirs at law living at the time of my decease, absolutely; to be divided among them equally, share and share alike; provided, however, that the real property which I own at my decease shall not be sold or disposed of until five (5) years after my decease, unless there is not sufficient personal property at the time of my decease to pay my specific legatees; in which case said real property may be sold. The income from said real property during said five (5) years is to be distributed among my heirs at law as I have directed.
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