Warner v. Bates
Massachusetts Supreme Judicial Court
Bill in equity filed September 4, 1865, by a son of Sarah I. Bates, deceased, seeking for a decree to enforce performance by the respondent, his step-father, of a trust created by her will.
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Bill in equity filed September 4, 1865, by a son of Sarah I. Bates, deceased, seeking for a decree to enforce performance by the respondent, his step-father, of a trust created by her will. The bill alleged that on December 12, 1833, the deceased, being a widow, having a daughter and two sons, of whom the complainant was one, and owning property to the amount of more than a hundred thousand dollars, was married to the respondent, and her property secured by a settlement from any marital right or claim which otherwise he might have thereto ; that thereafter, until her death on May 17, 1859,…
1Opinion of the CourtBigelow, C. J.
We see no sufficient ground for calling in question the wisdom or policy of the rule of construction uniformly applied to wills in the courts in England and in most of the United States, that words of entreaty, recommendation or wish, addressed by a testator to a devisee or legatee, will make him a trustee for the person or persons in whose favor such expressions are used, provided the testator has pointed out with *277clearness and certainty the objects of the trust, and the subject matter on which it is to attach or from which it is to arise and be administered. The criticisms which have been…
2Cases cited4 opinions
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Lamme v. GreggCourt of Appeals of Kentucky · 1858
- Van Amee v. JacksonSupreme Court of Vermont · 1862
3Cited by51 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
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