Leverett v. Barnwell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 11 and amended on April 17, 1912, by the trustees under an indenture of trust made between Quincy A. Shaw of Boston and James B. Thayer and Lemuel Shaw, trustees, on April 21, 1875, praying for instructions in regard to their duties. The provisions of the second article of such indenture of trust, under which the questions arose, are quoted in the opinion, where the other material facts also are stated.
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Bill in equity, filed in the Supreme Judicial Court on January 11 and amended on April 17, 1912, by the trustees under an indenture of trust made between Quincy A. Shaw of Boston and James B. Thayer and Lemuel Shaw, trustees, on April 21, 1875, praying for instructions in regard to their duties. The provisions of the second article of such indenture of trust, under which the questions arose, are quoted in the opinion, where the other material facts also are stated. Frances C. Hulbert died on December 23, 1887. Edwin J. Hulbert died on September 24, 1910. Their issue living at his death were…
1Opinion of the CourtBraley, J.
The plaintiffs are trustees under an indenture, which, after reciting that the settlor from motives of good will was desirous of settling a certain fund for the maintenance and support of Edwin J. Hulbert and Frances C. Hulbert his wife and for the benefit of their issue, and after defining the powers of the trustees as to investments and reinvestments, provided, that the fund should be held “In trust to pay over the net rents, profits, dividends, and income of said trust property quarter yearly as *107nearly as may be, but entirely at their discretion, and in such proportions as they may at the…
2Cases cited10 opinions
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Proctor v. HeyerMassachusetts Supreme Judicial Court · 1877
- King v. StowellMassachusetts Supreme Judicial Court · 1912
- May v. BrewsterMassachusetts Supreme Judicial Court · 1905
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3Cited by21 opinions
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
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