Russell v. Loring
Massachusetts Supreme Judicial Court
Bill in equity against trustees and residuary legatees under the will of Mary G. Russell, deceased, to enforce the payment to the plaintiff of an accumulation of surplus income from a trust fund therein created.
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Bill in equity against trustees and residuary legatees under the will of Mary G. Russell, deceased, to enforce the payment to the plaintiff of an accumulation of surplus income from a trust fund therein created. The following facts were agreed : On the 26th of April 1836, Mary G. Russell, the plaintiff’s wife, having under the will of a former husband the right to dispose of certain property by will, made her last will, which was assented to in writing by the plaintiff, and contained the following provision: “ First. I give and bequeath to my executor hereinafter named so much of any stock…
1Opinion of the CourtDewey, J.
The question at issue between these parties is, whether Joseph Russell, the husband of the testatrix, has under her will an annuity of $2000 fixed and certain in its amount, or under the provisions of the will directing a portion of her stocks or other property to be placed in trust for him and certain payments to be made to him, he was to receive the entire income of the fund thus set apart for his benefit.
It would have been easy to declare a bequest of the former character, making the same payable by the executor absolutely out of her estate generally, or to place in the hands of her…
2Cases cited1 opinion
- Wiswall v. HallNew York Court of Chancery · 1831
3Cited by2 opinions
- In Re the Accounting of SloaneNew York Court of Appeals · 1929
- In re the Estate of WilkesNew York Surrogate's Court · 1939