Sears v. Choate
Massachusetts Supreme Judicial Court
Bill in equity, filed September 19, 1887, against the trustees under the will of Joshua Sears, to terminate a trust created for the benefit of the plaintiff in the residue of his estate. The bill alleged the following facts.
Read the full summary
Bill in equity, filed September 19, 1887, against the trustees under the will of Joshua Sears, to terminate a trust created for the benefit of the plaintiff in the residue of his estate. The bill alleged the following facts. Joshua Sears died on February 7, 1857, leaving the plaintiff his only child and sole heir, then a minor, and a will, which named Alpheus Hardy, Horatio Harris, and Hugh Montgomery as executors and trustees, and contained the following clauses: “ All the rest, residue and remainder of my estate I give to said Alpheus Hardy, Horatio Harris, and Hugh Montgomery their heirs…
1Opinion of the CourtMorton, C. J.
In Sears v. Hardy, 120 Mass. 524, two cases were considered together. One was a bill in equity by the only child and heir of Joshua Sears, the prayer being that the trustees be ordered to convey to the plaintiff so much of the estate in their hands, and the surplus income thereof, as was not required for the payment of the annuities provided for by the will. The other was a bill by the trustees asking for instructions as to their duties under the will. The fourth prayer was broad enough to include the question raised in the case at bar, but the question was not in fact raised, both parties…
2Cases cited6 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
- Inches v. HillMassachusetts Supreme Judicial Court · 1871
- Sparhawk v. CloonMassachusetts Supreme Judicial Court · 1878
- Underwood v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Gray v. Union Trust Co.California Supreme Court · 1915
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Olsen v. YoungermanSupreme Court of Iowa · 1907
87 more not listed; retrieve them via the Exa API.