Tudor v. Vail
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 1, 1906, by the trustee under certain indentures described in the opinion, for instructions whether the trust created by those indentures had been terminated, and, if it had been terminated, who were the persons to whom he should pay over the trust fund.
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Bill in equity, filed in the Supreme Judicial Court on November 1, 1906, by the trustee under certain indentures described in the opinion, for instructions whether the trust created by those indentures had been terminated, and, if it had been terminated, who were the persons to whom he should pay over the trust fund. The case came on to be heard before Morton, J., who at the request of the parties reserved it upon the bill and answers for determination by the full court, such disposition to be made of it as to the full court should seem meet. A portion of the indenture of January 14, 1905,…
1Opinion of the Court
Kvowltoít, C. J.
The plaintiff is the trustee under two indentures signed by James A. Garland, for the benefit of his wife Marie T. Garland, one bearing date September 28, 1904, and the other January 14,1905. The second contains an article as follows: “ Fifth. This agreement is intended to carry into effect said agreement of September 28, 1904, according to the true intent and meaning thereof and if there shall be any conflict between the provisions hereof and said former agreement, then the provision of this agreement shall be held to be controlling as expressing the real intentions of the…
2Cases cited3 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Olney v. BalchMassachusetts Supreme Judicial Court · 1891
3Cited by19 opinions
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Greenough v. OsgoodMassachusetts Supreme Judicial Court · 1920
- Farnum v. Pennsylvania Co. for Insurance on Lives & Granting AnnuitiesNew Jersey Court of Chancery · 1916
- Pitman v. PitmanMassachusetts Supreme Judicial Court · 1943
- Boston Safe Deposit & Trust Co. v. PrindleMassachusetts Supreme Judicial Court · 1935
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