Crocker v. Crocker
Massachusetts Supreme Judicial Court
Bill dt equity, filed in the Probate Court for the county of Middlesex on October 28, 1916, by the surviving trustees under the will of William B. Spalding, late of Lowell, who died on March 9, 1912, for instructions as to the distribution of income under the trust created by that will. The Probate Court made a decree, from which Annie L. Crocker appealed.
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Bill dt equity, filed in the Probate Court for the county of Middlesex on October 28, 1916, by the surviving trustees under the will of William B. Spalding, late of Lowell, who died on March 9, 1912, for instructions as to the distribution of income under the trust created by that will. The Probate Court made a decree, from which Annie L. Crocker appealed. On appeal the case was heard by Crosby, J. The facts are stated in the opinion, where the material portions of the will are quoted. The single justice made a final decree, from which Annie L. Crocker and the Lowell General Hospital appealed.
1Opinion of the CourtRugg, C. J.
This is a bill for instructions brought by trustees under the will of William B. Spalding, who died in 1912 leaving a widow and as his next of kin a nephew, Edward H. Nichols, since deceased, and a niece, Annie L. Crocker. His widow waived the provisions of the will and still survives. Her waiver causes doubt as to the disposition of the estate under the will. It is apparent from other clauses of the will that there is to be no final distribution of the estate at least until after the death of the wife. The clauses governing the issues now presented are in these words:
“Fifth: — All the rest,…
2Cases cited10 opinions
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Brandenburg v. ThorndikeMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
- Dresel v. KingMassachusetts Supreme Judicial Court · 1908
- Lyman v. CoolidgeMassachusetts Supreme Judicial Court · 1900
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3Cited by24 opinions
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