Corkery v. Dorsey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 15, 1912, by Francis D. and Henry F. Corkery against Mary Louise Dorsey, formerly Fay, and Cornelius O’Callaghan, seeking to compel the defendant Dorsey to repay to the defendant O’Callaghan a sum of money, formerly held in trust by O’Callaghan under a trust deed to which the plaintiffs and the defendants had assented in writing, and paid by the defendant O’Callaghan to the defendant Dorsey in alleged violation…
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Bill in equity, filed in the Supreme Judicial Court on November 15, 1912, by Francis D. and Henry F. Corkery against Mary Louise Dorsey, formerly Fay, and Cornelius O’Callaghan, seeking to compel the defendant Dorsey to repay to the defendant O’Callaghan a sum of money, formerly held in trust by O’Callaghan under a trust deed to which the plaintiffs and the defendants had assented in writing, and paid by the defendant O’Callaghan to the defendant Dorsey in alleged violation of the provisions of the trust instrument. The first clause of the trust instrument is quoted in the opinion. The second…
1Opinion of the Court
Rugg. C. J.
This is a suit in equity, whereby the plaintiffs, interested in a trust fund, seek in substance for a revision of the discretion exercised by the trustee in paying over the entire corpus to one beneficiary. The decision turns upon the meaning of this clause in the trust instrument: “ First. To pay over to Mary Louise Fay of said Boston when in the judgment of said O’Callaghan the said Fay is deserving and in need of aid, whatever part of said two thousand dollars ($2000.) or its earnings that said O’Callaghan may deem for the best interests of said Mary Louise Fay, in such sums and…
2Cases cited13 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Lindsey v. BirdMassachusetts Supreme Judicial Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
- Anderson v. BeanMassachusetts Supreme Judicial Court · 1930
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1926
- Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
47 more not listed; retrieve them via the Exa API.