[Download] "Hogan Et Al. v. Whittemore" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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Title: Hogan Et Al. v. Whittemore
Author : Supreme Judicial Court of Massachusetts
Release Date : January 30, 1932
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

FIELD, J. This is an appeal from a decree of the probate court allowing the will of Carrol C. Whittemore, late of Nahant. The appellant is his son, Stanley L. Whittemore. The evidence is reported. Carrol C. Whittemore died November 18, 1930, leaving a widow, Mary Edna Whittemore; an only child, the appellant, born of a previous marriage; a mother, and a granddaughter, the daughter of the appellant. The instrument offered for probate is typewritten upon four pages attached to a cover. The first page contains bequests and devises to Mary Edna Whittemore, including the devise of a building in Boston 'used by the Whittemore Ice Cream & Catering Co.' The second page contains several clauses dealing with the business of that company, providing that it is to be continued by the executors, that certain persons are to be continued in its employ at fixed wages and percentages of the profits -- among them the appellant at a salary of $50 a week and five per cent of such profits -- so long as their services are satisfactory to the appellant and to Mary Edna Whittemore, that certain moneys on deposit 'in the name of Carrol Charles Whittemore' shall remain on deposit 'during the business of said Whittemore Ice Cream & Catering Co., for a medium with which to do said business, and when said business is finally closed out or materially changed, said money is to revert to my residuary clause,' and that no rent shall be charged for the use of the building, but 'taxes, mortgage expenses and upkeep in maintaining said building in proper condition are to be paid from the estate.' The third page contains a provision that 'the earnings of the said business above the running expenses and percentages as before enumerated, are to be equally divided between' the appellant and Mary Edna Whittemore, and clauses giving to her the residue of the estate and naming her and George F. Hogan executors. No provision is made in the instrument for the mother or the granddaughter of the deceased. On its fourth page it purports to have been signed on October 5, 1927, by Carrol C. Whittemore as his last will and testament and, on that date, to have been subscribed in his presence by three persons as witnesses, who recite that he signed it, 'declaring it to be his last will and testament,' in their presence. The instrument has his purported signature at the foot of each of the other pages.