Bowditch v. Andrew
Massachusetts Supreme Judicial Court
Bill in equity, in the nature of a bill of interpleader, brought by the trustee under the will of John F. Andrew, to obtain instructions as to the execution of his trust.
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Bill in equity, in the nature of a bill of interpleader, brought by the trustee under the will of John F. Andrew, to obtain instructions as to the execution of his trust. It appeared from the bill and answers that the testator died in December 1847, leaving a wife and four children, and a will, by which, after certain bequests to his wife, he devised the residue of his estate, both real and personal, to the plaintiff in trust, to receive the income, dividends and proceeds of the same, and dispose thereof as follows: “ Out of said dividends, income or proceeds, to pay over to my said wife…
1Opinion of the CourtHoar, J.
The power and duty of this court, as a court of equity, to decree the termination of a trust, and a conveyance of the trust estate to the parties beneficially interested in it, when the whole objects and purposes of the trust have been accomplished, the interests created under it have all vested, the parties request it, and the trustee consents, cannot be doubted. Smith v. Harrington, 4 Allen, 566.
The case then presents but two questions: first, whether the direction to the trustee to pay over to the widow of the testator from time to time such parts of the income of his estate as should seem…
2Cases cited1 opinion
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Paquin, Ltd. v. WesterveltSupreme Court of Connecticut · 1919