Kelley v. Snow
Massachusetts Supreme Judicial Court
Bill in equity, filed December 81, 1902, by Bernard F. Kelley, executor under the will of Mary Ann Snow, late of New Bedford, and also trustee of certain funds and personal property assigned and transferred to him by Mary Ann Snow in her lifetime, for instructions. The case came on to be heard before Knowlton, O. J., who, by agreement of the parties, reserved it for determination by the full court.
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Bill in equity, filed December 81, 1902, by Bernard F. Kelley, executor under the will of Mary Ann Snow, late of New Bedford, and also trustee of certain funds and personal property assigned and transferred to him by Mary Ann Snow in her lifetime, for instructions. The case came on to be heard before Knowlton, O. J., who, by agreement of the parties, reserved it for determination by the full court. The will and first codicil of Mary Ann Snow were as follows: “ Know all men by these presents that I, Mary Ann Snow, of New Bedford, Bristol County, Massachusetts, being of sound and disposing mind…
1Opinion of the CourtHammond, J.
1. The trust deed recites that it is executed “ for a valuable consideration,” contains words apt to convey the property, is under seal, which imports a consideration, and was delivered to Kelley, the transferee, who received the same and agreed “ to carry out all the trusts therein stipulated.” As between the parties, therefore, the legal title to the property passed to Kelley even without delivery; and, so far as respected the form of the transaction, the trust was completely created. Upon its face the trust was valid notwithstanding the provisions that *298the donor during her life should have…
2Cases cited3 opinions
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1902
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
3Cited by58 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Chippendale v. North Adams Savings BankMassachusetts Supreme Judicial Court · 1916
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Allen v. HendrickOregon Supreme Court · 1922
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