Boston Safe Deposit & Trust Co. v. Collier
Massachusetts Supreme Judicial Court
Bill in' equity, filed in the Probate Court on November 25, 1914, by the trustee under the will of Maturin M. Ballou, late of Boston, for instructions as to whether, under the ninth clause of the will, set out in the opinion, a distributive share of Franklin B. Ballou should be paid to him or to his trustee in bankruptcy, the defendant Forrest F. Collier.
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Bill in' equity, filed in the Probate Court on November 25, 1914, by the trustee under the will of Maturin M. Ballou, late of Boston, for instructions as to whether, under the ninth clause of the will, set out in the opinion, a distributive share of Franklin B. Ballou should be paid to him or to his trustee in bankruptcy, the defendant Forrest F. Collier. In the Probate Court, where the suit was heard upon the pleadings and an agreed statement of facts, Grant, J., ordered a decree directing that the share be paid to Franklin B. Ballou. On appeal from that decree the case was reserved for this…
1Opinion of the CourtBraley, J.
The testator, in the ninth clause of his will, provided, “It is my will that every payment of income or principal hereinbefore directed or devised to be made, shall be made personally to the persons to whom they are devised or upon their order or receipt in writing, in either case free from the interference or control of the creditors of such persons and never by way of anticipation or assignment.”
By other clauses he left the residue of his estate in trust to pay to his widow and to his son Murray R. Ballou, in equal shares, the net income for life and upon the death of his son the income…
2Cases cited34 opinions
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- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
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3Cited by22 opinions
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