Slattery v. Wason
Massachusetts Supreme Judicial Court
Bill in equity filed September 23,1884, under the Pub. Sts. c. 151, § 1, against Alice S. Wason, Ernest W. Wason, and the trustees under the will of Thomas W. Wason, to reach and apply, in payment of a debt alleged to be due to the plaintiff from the first named defendant, her interest under the will. The defendants demurred for want of equity. The case was heard by Devens, J., who reserved it for the consideration of the full court, and was as follows.
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Bill in equity filed September 23,1884, under the Pub. Sts. c. 151, § 1, against Alice S. Wason, Ernest W. Wason, and the trustees under the will of Thomas W. Wason, to reach and apply, in payment of a debt alleged to be due to the plaintiff from the first named defendant, her interest under the will. The defendants demurred for want of equity. The case was heard by Devens, J., who reserved it for the consideration of the full court, and was as follows. The will of Thomas W. Wason, which was duly admitted to probate, contained the following provision: “To my son, George T. Wason, I give and…
1Opinion of the CourtW. Allee, J.
It was decided in Broadway National Bank v. Adams, 1-38 Mass. 170, that the donor of the income of a trust fund to one for his life might qualify the gift by a provision that the right to receive the income should not be alienable. The language of the court in Baker v. Brown, 146 Mass. 369, referring to that case, is applicable to the case at bar: “ Such provision need not be in express terms, but it is sufficient if the intention is clearly to be gathered from the instrument, when construed in the light of the circumstances. The only question in the present case is, whether enough appears to…
2Cases cited2 opinions
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Maynard v. CleavesMassachusetts Supreme Judicial Court · 1889
3Cited by21 opinions
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- Patten v. Herring & KelleyCourt of Appeals of Texas · 1895
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Bucknam v. BucknamMassachusetts Supreme Judicial Court · 1936
- Roberts v. StevensSupreme Judicial Court of Maine · 1892
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