Hills v. Barnard
Massachusetts Supreme Judicial Court
Bill in equity, filed on October 21, 1889, by the surviving trustee under the will of Benjamin Gorham, for instructions as to the disposition of the residue of the estate. The case was heard by Field, J., and was as follows.
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Bill in equity, filed on October 21, 1889, by the surviving trustee under the will of Benjamin Gorham, for instructions as to the disposition of the residue of the estate. The case was heard by Field, J., and was as follows. Benjamin Gorham, who died on September 27, 1855, by his will gave all the residue of his estate in trust for his son, Benjamin L. Gorham, the trustees to have the exclusive control and management thereof, “ and to pay over any of the income, or of the principal if necessary, from time to time, for the education or other wants of said B. L. Gorham, or his issue if he shall…
1Opinion of the CourtField, J.
The two clauses of the paragraph of the will which we are called upon to consider, as we construe them, differ in *71this: in the first, the four twelfths of the trust property which might remain if Benjamin L. Gorham died without leaving issue were given absolutely to persons named or designated, and there is no provision that these persons must be living when Benjamin L. Gorham died; in the second, the remaining eight twelfths were given to such of certain persons designated as might be living when Benjamin L. Gorham died. It is only in the latter clause, therefore, that the testator would…
2Cases cited8 opinions
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Dexter v. InchesMassachusetts Supreme Judicial Court · 1888
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Austin v. BristolSupreme Court of Connecticut · 1873
- Hall v. HallMassachusetts Supreme Judicial Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Harrison v. WeatherbyIllinois Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.