Ernst v. Rivers
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme judicial Court on November 15, 1918, and afterwards amended, by the surviving trustee under the will of Jonathan Russell, late of Milton, for instructions. Clifford H. Walker, Esquire, was appointed guardian ad litem for certain minors, great-great-grandchildren of the mother of the testator. The suit was reserved by Crosby, J., upon the amended bill and answers for determination by the full court.
1Opinion of the CourtCrosby, J.
This is a bill for instructions by the surviving trustee under the will of Jonathan Russell.
The trust fund respecting which the trustee desires instructions has been held heretofore for the benefit of one Mary Rivers, a niece of the testator, who died on August 7, 1918, thereby ending the trust except for the purposes of distribution.
By her will as modified by the first and third codicils, Lydia Smith Russell, mother of Jonathan Russell, disposed of her estate (so far as material to the questions involved in this case) as follows: She devised and bequeathed one fourth of her estate (increased…
2Cases cited11 opinions
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
- Dexter v. InchesMassachusetts Supreme Judicial Court · 1888
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Boston Safe Deposit & Trust Co. v. ParkMassachusetts Supreme Judicial Court · 1940
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Brown v. SpringMassachusetts Supreme Judicial Court · 1922
- Proctor v. LacyMassachusetts Supreme Judicial Court · 1928
- Cammann v. AbbeMassachusetts Supreme Judicial Court · 1927
14 more not listed; retrieve them via the Exa API.