Holmes v. Bushnell
Supreme Court of Connecticut
Action to charge a debt of a cestui que trust on the trust fund, brought to the Superior Court in Middlesex County and heard before Case, J. Judgment for plaintiffs.
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Action to charge a debt of a cestui que trust on the trust fund, brought to the Superior Court in Middlesex County and heard before Case, J. Judgment for plaintiffs. The trust was created by the following clause in the will of Nancy M. Bushnell: “ I desire that the income and interest arising from my estate be held by my executors for the benefit of my son, John A. Bushnell, to be expended by them for him as he may need from time to time, and in case the said John A. Bushnell shall marry and have issue, then to use and expend the said income and if necessary, the principal, from time to time,…
1Opinion of the CourtBaldwin, C. J.
The trust here in question is an active one. While the income, so long as John A. Bushnell remains unmarried and without issue, is to be held by the trustees for his benefit, they and not he are to expend it. They are, it is true, to expend it only “ for him,” but also only “ as he may need from time to time.” The context sufficiently indicates that the testatrix had in view what he might from time to time need for his personal support and comfort. In the event of his having lawful issue, provision for his and their support and comfort is expressly made the rule of expenditure, not only for…
2Cases cited3 opinions
- Weed v. ScofieldSupreme Court of Connecticut · 1901
- Huntington v. JonesSupreme Court of Connecticut · 1899
- Tolland County Mutual Fire Insurance v. UnderwoodSupreme Court of Connecticut · 1883
3Cited by6 opinions
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- Seattle First National Bank v. CrosbyWashington Supreme Court · 1953
- Carter v. BrownellSupreme Court of Connecticut · 1920
- Jaretzki v. StrongSupreme Court of Connecticut · 1923
- Matter of TisdaleUnited States Bankruptcy Court, D. Connecticut · 1990
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