Legal Opinion

Hyde v. Holmes

Massachusetts Supreme Judicial Court

Decided April 2, 1908PublishedCited by 22 opinions

Bill in equity for instructions, filed in the Supreme Judicial Court for the county of Suffolk March 29, 1907, by the trustee under a written instrument according to the terms of which income was to be paid to the defendants M. Ella Holmes and L. Frank Holmes during their lives, and the principal was to be divided among their issue on the happening of certain contingencies.

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Bill in equity for instructions, filed in the Supreme Judicial Court for the county of Suffolk March 29, 1907, by the trustee under a written instrument according to the terms of which income was to be paid to the defendants M. Ella Holmes and L. Frank Holmes during their lives, and the principal was to be divided among their issue on the happening of certain contingencies. The bill alleged, in substance, that a part of the principal of the trust fund was invested in three hundred and twenty-four shares of the capital stock of the Pullman Company. On November 14, 1906, at an annual meeting of…

1Opinion of the CourtKnowlton, C. J.

The plaintiff, a trustee holding stock in corporations, the income of which is to be paid to beneficiaries for life and the principal to be held for remaindermen, asks the instruction of the court as to whether a certain dividend of the Pullman Company, declared in November, 1906, and dividends of the Farr Alpaca Company, declared on June 80, 1906, are to be treated as capital and held for the remaindermen, or as income to be paid to the life tenants.

No question is now made that the dividend of the Pullman Company was a stock dividend to be treated as capital. See Minot v. Paine, 99 Mass.…

2Cases cited6 opinions

  1. Minot v. PaineMassachusetts Supreme Judicial Court · 1868
  2. D'Ooge v. LeedsMassachusetts Supreme Judicial Court · 1900
  3. Rand v. HubbellMassachusetts Supreme Judicial Court · 1874
  4. Davis v. JacksonMassachusetts Supreme Judicial Court · 1890
  5. Daland v. WilliamsMassachusetts Supreme Judicial Court · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
  2. Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
  3. Allen v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1930
  4. Gray v. HemenwayMassachusetts Supreme Judicial Court · 1912
  5. In re Heaton's EstateSupreme Court of Vermont · 1915

17 more not listed; retrieve them via the Exa API.

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