National Shawmut Bank v. Morey

Prior to his death on December 3, 1936, Edwin Morey, 2nd, had been sharing equally with his brother Richard sixty per cent of the balance remaining after paying certain annuities of the income from a trust fund established by the will of their grandfather, Edwin Morey. The present controversy relates to income which had accrued from the last distribution up to the death of Edwin Morey, 2nd. His share is claimed both by Richard as the survivor of the two brothers and by the Indian Head National Bank through assignments from Edwin, 2nd. The question is whether the share of Edwin, 2nd, in the…