Codman v. Krell
Massachusetts Supreme Judicial Court
Bill in equity for instructions, alleging that William Wheelwright, late of Newbury port, deceased, by dee “ Fifty shares of the above named railroad stock, or the proceeds thereof in other investments in case they shall be sold, the said Codman shall hold in trust for the benefit of my wife, Martha Gerrish Wheelwright, during her life, paying over to her from time to time the net income thereof upon any order or receipt signed by her.
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Bill in equity for instructions, alleging that William Wheelwright, late of Newbury port, deceased, by dee “ Fifty shares of the above named railroad stock, or the proceeds thereof in other investments in case they shall be sold, the said Codman shall hold in trust for the benefit of my wife, Martha Gerrish Wheelwright, during her life, paying over to her from time to time the net income thereof upon any order or receipt signed by her. At the decease of the said Martha G. Wheelwright, the said trustee shall continue to hold the said property now represented by said fifty shares of railroad…
1Opinion of the Court
Field, O. J.
The last clause of the first article of the declaration of trust means, we think, that, if either or both of the children die before their mother, their respective shares shall be conveyed to his or her or their heirs at law in the same manner as if he or she or they had died immediately after the death of the mother. Both children died before the mother; and their heirs at law are to be determined as of a time immediately after her death. The mother died on August 30, 1888; the donor, her husband, died on September 26, 1873; neither the father nor the mother is an heir within the…
2Cases cited8 opinions
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Denny v. KettellMassachusetts Supreme Judicial Court · 1883
- Sweet v. DuttonMassachusetts Supreme Judicial Court · 1872
- Fabens v. FabensMassachusetts Supreme Judicial Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Greenough v. OsgoodMassachusetts Supreme Judicial Court · 1920
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
7 more not listed; retrieve them via the Exa API.