McElwain v. Hildreth
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Hampshire on August 8,1908, by the trustees under the will of Whiting Street, late of Northampton, for instructions, as stated in the opinion. On appeal by Clarissa S. H. Chapman from a decree of the Probate Court made by Bassett, J., the case was heard by Eammond, J., who confirmed the decree of the Probate Court and reported the case for determination by the full court.
1Opinion of the CourtMorton, J.
The question in this case is whether Eliza Smith at her death was entitled under Mr. Whiting Street’s will to any portion of the income in the hands of the trustees, and, if so, whether such portion passed to her executor or to her heir at law. The provisions of the will under which the question arises are in the sixth item, the residuary clause, and are, so far as material, as follows: “ 2d. The said Trustees shall hold, manage, and improve the remaining two-thirds (or six-ninths) of the aforesaid residue of my estate in one fund for the use and benefit equally of my three nieces, the…
2Cases cited1 opinion
- Hemenway v. HemenwayMassachusetts Supreme Judicial Court · 1898
3Cited by6 opinions
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Leverett v. BarnwellMassachusetts Supreme Judicial Court · 1913
- McElwain v. Attorney GeneralMassachusetts Supreme Judicial Court · 1922
- Kimball v. MaddisonMassachusetts Supreme Judicial Court · 1934
- Welch v. BrownMassachusetts Supreme Judicial Court · 1933
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