[DOWNLOAD] "Minerva Gordon & Others v. Sarah G" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

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eBook details

• Title: Minerva Gordon & Others v. Sarah G
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Four daughters of a testator who in a Probate Court proceeding against a fifth daughter and a son prayed in their petition for an adjudication that under a paragraph 14 of their father's will respecting marriage of any child with one ""not born in the Hebrew faith"" the interest of the son in the estate had been forfeited by him and had become vested in the five daughters, and who after full hearing obtained a decree in accordance with such prayer without having attempted to amend it, were estopped to seek in a later proceeding an adjudication that the fifth daughter, by the position taken by her in the Probate Court in the previous proceeding in opposition to the petition therein, had contested the validity of paragraph 14 and so had forfeited her interest in the estate by reason of a paragraph 15 of the will revoking the interest of any beneficiary who should contest the validity of any part thereof. The petitioners are four daughters of Joseph Gordon, late of Attleboro, who brought a petition with reference to his estate which was before this court in Gordon v. Gordon, 332 Mass. 197. In that case we affirmed a decree of the Probate Court which, in accordance with the prayers of that petition, declared that ""all rights to distributions of income and principal . . . which would otherwise have been payable to . . . [their brother] Harold B. Gordon are vested in equal shares in the petitioners Minerva Gordon, May C. Pite, Lillian G. Silverman and Sadye G. Freedman, and [a fifth daughter] the respondent Sarah G. Lewitsky"" (page 199). The present petition is for a binding declaration that the respondent Sarah G. Lewitsky, too, has lost her interest in the estate of Joseph Gordon. We noted the pendency of the present petition in a footnote in the previous case (page 209).

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