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Serving
Massachusetts Agencies

Share and Share Alike

Probate

If a gift is to a class, upon the death of one of the members of that class the other members alone would take the entire gift. A gift to persons "share and share alike" imports a tenancy in common and, in the absence of additional language such as "or to the survivor of them," negates even the possibility of the survivors of the named beneficiaries taking the whole under such tenancy. Cross v. Cross, 324 Mass. 186, 85 N.E.2d 325 (1949).