In re Thurston
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court, for the termination of a trust. The case was heard by Barher, J., and was as follows.
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Petition, filed in the Superior Court, for the termination of a trust. The case was heard by Barher, J., and was as follows. The petitioner, who was formerly the wife of one Billings, for the purpose of placing her property beyond the interference or control of her husband, -purchased from her own earnings a lot of land, and had it conveyed by the grantor to a trustee to hold in trust, without any power to revoke the same reserved in the trust deed, for her for her life, and upon her death as she might by will appoint, “ and in default of such appointment to the issue of said Sarah O.…
1Opinion of the CourtLathrop, J.
The general rule in this Commonwealth undoubtedly is that a voluntary settlement, which is completely executed, with no power of revocation reserved, cannot be revoked or set aside, except upon proof of mental incapacity, mistake, fraud, or undue influence. Hildreth v. Eliot, 8 Pick. 293. Viney v. Abbott, 109 Mass. 300. Sewall v. Roberts, 115 Mass. 262.
Where, however, “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,” a court of equity may decree the determination of the trust.…
2Cases cited6 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Keyes v. CarletonMassachusetts Supreme Judicial Court · 1886
- Viney v. AbbottMassachusetts Supreme Judicial Court · 1872
- Inches v. HillMassachusetts Supreme Judicial Court · 1871
- StoneMassachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- Taylor v. ButtrickMassachusetts Supreme Judicial Court · 1896
- Leahy v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1950
12 more not listed; retrieve them via the Exa API.