MAHONEY V. GRAINGER
283 Mass. 189, 186 N.E. 86 (1933)
NATURE OF THE CASE: This was a petition for distribution of a legacy under a will.
Mahoney (P) first cousins, appealed from a decree, which denied a petition for distribution
of certain property under the residuary clause of the will.
FACTS: Testatrix executed a will devising the residue of her estate to her 'heirs at
law'. In fact, testatrix had an aunt as her sole heir at law at the time of her death. At
the trial level, there was evidence that testatrix intended that the residue of her estate
be left to some twenty-five cousins, in equal shares. However, the court found that the
evidence was not admissible because the language of the will, implying multiple heirs at
law, did not create a latent ambiguity given that testatrix actually had only one heir at
law. Certain of testatrix's cousins (P) appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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