Sturgis v. Paine
Massachusetts Supreme Judicial Court
Bill in equity, filed October 11, 1884, to establish trusts for the benefit of the plaintiff .under the wills of her grandfather, William Paine, and of her father, Frederick William Paine. The case was heard by Meld, J., and reserved for the consideration of the full court, on the pleadings and an agreed statement of facts, and was in substance as follows. William Paine died in 1833, leaving a will, whereby he devised the residue of his property as follows : “ Fourth.
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Bill in equity, filed October 11, 1884, to establish trusts for the benefit of the plaintiff .under the wills of her grandfather, William Paine, and of her father, Frederick William Paine. The case was heard by Meld, J., and reserved for the consideration of the full court, on the pleadings and an agreed statement of facts, and was in substance as follows. William Paine died in 1833, leaving a will, whereby he devised the residue of his property as follows : “ Fourth. As to the residue of my property, it is my desire that the same should be secured for the benefit of my grandchildren, the…
1Opinion of the CourtHolmes, J.
This is a bill in equity seeking to establish a trust in favor of the plaintiff, under her grandfather’s will, in respect of the income of the residue given to the defendant Ann C. Paine during her widowhood, and for the education and support of her children at her discretion. We shall assume that the plaintiff has a standing to maintain a bill, so far that, if it were shown that Mrs. Paine had not exercised in good faith the discretion given to her, this court might interfere. Wilson v. Wilson, 145 Mass. 490. But, in the absence of bad faith, we are of opinion that the testator’s…
2Cases cited4 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Wilson v. WilsonMassachusetts Supreme Judicial Court · 1888
- Barrett v. MarshMassachusetts Supreme Judicial Court · 1879
- Sears v. CunninghamMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Bloom v. StraussSupreme Court of Arkansas · 1904
- Durant v. SmithMassachusetts Supreme Judicial Court · 1893
- MENOMINEE TRIBAL ENTERPRISES v. SolisCourt of Appeals for the Seventh Circuit · 2010
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