Heard v. Read
Massachusetts Supreme Judicial Court
Bill in equity, by the trustees under the will of John W. Trull, to obtain the instructions of the court as to its construction.
Read the full summary
Bill in equity, by the trustees under the will of John W. Trull, to obtain the instructions of the court as to its construction. After preliminary provisions he gave the residue in trust: “ To receive and collect the income and produce thereof, and, after deducting all needful and proper costs, charges, and expenses, to pay the residue of said income from time to time, into the proper hand, or upon the written order of my said daughter, Mrs. Elizabeth Eldredge, for her sole and separate use, free from the control or interference of any husband, or liability for his debts or engagements. “ At…
1Opinion of the CourtField, C. J.
The question here presented was left undecided in the former consideration of this case. Heard v. Read, 169 Mass. 216. We are of opinion that the trustees took, either in fee or for the life of Mrs. Eldredge, the legal estate in the real property given in trust by the testator. Sears v. Russell, 8 Gray, 86. The trust is, “ To receive and collect the income arid produce thereof, and, after deducting all needful and proper costs, charges, and expenses, to pay the residue of said income from time to time into the proper hand, or upon the written order of my said daughter, Mrs. Elizabeth…
2Cases cited4 opinions
- Phelps v. HarrisSupreme Court of the United States · 1880
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Allen v. DeanMassachusetts Supreme Judicial Court · 1889
- How v. WaldronMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- T.W. Nickerson, Inc. v. Fleet National BankMassachusetts Supreme Judicial Court · 2010
- Rothwell v. RothwellMassachusetts Supreme Judicial Court · 1933
- Welch v. HowardMassachusetts Supreme Judicial Court · 1917
- Bailey v. SmithMassachusetts Supreme Judicial Court · 1916
- Hodge v. MackintoshMassachusetts Supreme Judicial Court · 1924
3 more not listed; retrieve them via the Exa API.