Whitman v. Whitney
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on March 13, 1916, by the trustee under the will of Susannah Whitney, late of Cambridge, for instructions. Material portions of the eighth, tenth and eleventh clauses of the will were as follows: “Eighth.
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Bill in equity, filed in the Supreme Judicial Court on March 13, 1916, by the trustee under the will of Susannah Whitney, late of Cambridge, for instructions. Material portions of the eighth, tenth and eleventh clauses of the will were as follows: “Eighth. I give devise and bequeath unto my sons Augustus Anson and Benjamin White, one undivided half part of all the real estate of which I shall die seized and possessed, situate in the town of Brookline aforesaid . . . upon the following trusts, viz, that they the said trustees & the trustees or trustee for the time being under these presents,…
1Opinion of the CourtCrosby, J.
The will of Susannah Whitney was duly proved and allowed in the Probate Court for the County of Middlesex on February 25, 1868. Under the eighth and eleventh clauses thereof certain trusts were created, and as the last surviving life tenant has died the trust estates are now determined and the time has come for the final distribution of the estates held thereunder. The plaintiff, who is the trustee under the will, brings this bill in equity for instructions to determine to whom the estate in his hands and possession is to be distributed and in what proportions.
I. The will in clause eight…
2Cases cited11 opinions
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
- Polsey v. NewtonMassachusetts Supreme Judicial Court · 1908
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Whitman v. HuefnerMassachusetts Supreme Judicial Court · 1915
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3Cited by2 opinions
- McKay v. Audubon Society, Inc.Massachusetts Supreme Judicial Court · 1945
- Brown v. TuckermanMassachusetts Supreme Judicial Court · 1927