Winsor v. Mills
Massachusetts Supreme Judicial Court
Bill in equity, filed April 17, 1891, by the executors of and the trustees under the will of Edward S. Philbrick, against Arthur Mills, praying that a piece of land held by the testator in trust for himself and Mills be sold, and the proceeds applied as provided in the trust agreement. Hearing before Barker, J.. who entered a decree for the defendant, and reported the case for the determination of the full court. The facts appear in the opinion.
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Bill in equity, filed April 17, 1891, by the executors of and the trustees under the will of Edward S. Philbrick, against Arthur Mills, praying that a piece of land held by the testator in trust for himself and Mills be sold, and the proceeds applied as provided in the trust agreement. Hearing before Barker, J.. who entered a decree for the defendant, and reported the case for the determination of the full court. The facts appear in the opinion. The case was argued at the bar in June, 1892, and afterwards was submitted on the briefs to all the judges.
1Opinion of the CourtKnowlton, J.
It appears from the report that Edward S. Philbrick in his lifetime held the land in question under a trust for the benefit of himself and the defendant, in the proportions of two thirds for himself and one third for the defendant. They evidently intended that it should be held for an indefinite period in such a way that it could not be disposed of nor put to a use which might affect the value of their other estates in the neighborhood, without the consent of both of them. If their purpose can be accomplished, and if their respective estates continue to be held by them and their heirs for…
2Cases cited5 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Hall v. HallMassachusetts Supreme Judicial Court · 1877
- Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
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- Welsh v. FosterMassachusetts Supreme Judicial Court · 1815
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