OLLIFFE V. WELLS
130 Mass. 221 (1881)
NATURE OF THE CASE: This was an action to overturn a disposition in a will. Oliffe (P),
heirs at law and next of kin of a testatrix against Wells (D), executor devisee of the
testatrix's estate sought an order for payment of the residue to Ps.
FACTS: Testatrix devised the residue of her estate to Rev. Wells (D) 'to distribute same
in such manner as in his discretion shall appear best calculated to carry out wishes which I
have expressed to him or may express to him.' Testatrix's heirs (P) sued, claiming that the
devise was invalid, and the residue should be distributed to them. D responded by claiming
that Testatrix had intended that the devise be used for charitable purposes, and that he was
willing to effect these purposes.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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