Legal Opinion

Burroughs v. Wellington

Massachusetts Supreme Judicial Court

Decided May 21, 1912PublishedCited by 15 opinions

Petition in equity, filed in the Probate Court on July 29, 1909, by the trustee under the will of Jennie G. Greene, late of Milton, for instructions with regard to the disposition of certain specified money of the trust estate. In the Probate Court the case was heard by Flint, J. After the hearing and pending the entry of a decree, the petitioner moved that the petition might be dismissed or that he might be permitted to withdraw it.

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Petition in equity, filed in the Probate Court on July 29, 1909, by the trustee under the will of Jennie G. Greene, late of Milton, for instructions with regard to the disposition of certain specified money of the trust estate. In the Probate Court the case was heard by Flint, J. After the hearing and pending the entry of a decree, the petitioner moved that the petition might be dismissed or that he might be permitted to withdraw it. The motion was denied; and the petitioner appealed. The judge of the Probate Court thereafter made a decree that the “ trustee account for said money in…

1Opinion of the CourtBraley, J.

The appellant, who is the duly appointed trustee under the will of Jennie G. Greene, petitioned the Probate Court for instructions as to the construction of the fifteenth article, which created the trust, and whether certain funds received by him were within its terms. It appears that all persons interested were duly *496notified and when the adverse decree ordering him to account was ready for the signature of the judge, the petitioner moved to dismiss or to be allowed to withdraw the petition. The motion having been disallowed and the decree entered, he appealed to this court, and assigned as…

2Cases cited10 opinions

  1. Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
  2. Green v. GaskillMassachusetts Supreme Judicial Court · 1900
  3. Hollingsworth & Vose Co. v. Foxborough Water Supply DistrictMassachusetts Supreme Judicial Court · 1898
  4. Tyndale v. StanwoodMassachusetts Supreme Judicial Court · 1904
  5. Sibley v. MaxwellMassachusetts Supreme Judicial Court · 1909

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3Cited by15 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
  3. Old Colony Trust Co. v. Third Universalist Society of CambridgeMassachusetts Supreme Judicial Court · 1934
  4. Mitchell v. WeaverMassachusetts Supreme Judicial Court · 1922
  5. MacLennan v. MacLennanMassachusetts Supreme Judicial Court · 1944

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