Belknap v. Belknap
Massachusetts Supreme Judicial Court
Bill in equity, praying for the removal of Edward Belknap, as trustee under the will of his father, and that an assignment by him of his interest in the trust fund might be declared void, and for other relief.
Read the full summary
Bill in equity, praying for the removal of Edward Belknap, as trustee under the will of his father, and that an assignment by him of his interest in the trust fund might be declared void, and for other relief. At the hearing in this court, before Hoar, J., it appeared that John Belknap died in 1856, leaving real and personal estate, and a will which, after certain specific bequests, gave to his widow the use of his house on Mount Vernon Street in Boston during her life, one third of the net income, during her life, of certain specified real estate, and an annuity of $1600, and disposed of the…
1Opinion of the Court
Hoar, J.*
We shall have no occasion to decide the question which has been argued in this case, whether the assignment by Edward Belknap to the Union Bank was of any validity whatever ; because it is very clear, upon principle and authority, that the estate in the hands of the trustee is bound in equity to discharge the legacies to the other cestuis que trust, before he or his assigns can claim any part of it, if the estate has been diminished by a violation of his duties as trustee. The equities of those to whom he is bound by his assumption of the trust are prior and superior to any which he…
2Cited by5 opinions
- In re the Estate of BurrNew York Surrogate's Court · 1932
- In re the Judicial Settlement of a Final Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1926
- In re the Estate of GrifenhagenNew York Surrogate's Court · 1940
- In re the Estate of GrifenhagenNew York Surrogate's Court · 1938
- Boston Safe Deposit & Trust Co. v. SeifertMassachusetts Superior Court · 1997