Phelps v. Phelps
Massachusetts Supreme Judicial Court
Bill in equity, by two of tbe executors of tbe will of Willis Phelps, against the third executor and other persons having an-interest under said will, asking the instructions of the court as to the construction of the will.
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Bill in equity, by two of tbe executors of tbe will of Willis Phelps, against the third executor and other persons having an-interest under said will, asking the instructions of the court as to the construction of the will. The case was heard by W. Allen, J., on the bill and answers, and reserved for the consideration of the full court, and was as follows: Willis Phelps died on November 25, 1883, leaving a will, dated October 27, 1881, which has been duly admitted to probate, and contains the following clauses: “ I give and dispose of my property as follows, viz.: “To Willis Phelps, son of…
1Opinion of the CourtGardner, J.
Although the testator appointed no trustees, it is clear that, by fair implication from the terms of the will, the property is to be kept together for a time. The executors therefore became trustees of both the real and personal estate during the time it was necessary for them under the terms of the will to act in that capacity. The real and personal estate would vest in the executors upon the same trusts. Kingsbury v. Gould, 9 Met. 282.
The defendant Henry W. Phelps, while admitting that the executors became trustees of the- real and personal estate for a certain period, contends that, upon…
2Cases cited11 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Loring v. LoringMassachusetts Supreme Judicial Court · 1868
- Weston v. WestonMassachusetts Supreme Judicial Court · 1878
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
- Bradlee v. AndrewsMassachusetts Supreme Judicial Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hardenbergh v. RaySupreme Court of the United States · 1894
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1920
- Hussey v. SargentCourt of Appeals of Kentucky · 1903
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Dodge v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1891
10 more not listed; retrieve them via the Exa API.