How v. Waldron
Massachusetts Supreme Judicial Court
Bill in equity by the children of Hall J. How, deceased, and their legal representatives, against the trustees under his will, setting forth that the trusts terminated in 1865 and it then became the duty of the trustees to divide the real and personal estate of the testator into nine equal parcels and shares, [that being the number of the children,] and to convey one of said parcels and shares to each of the complainants, free from all trusts; that the trustees have already…
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Bill in equity by the children of Hall J. How, deceased, and their legal representatives, against the trustees under his will, setting forth that the trusts terminated in 1865 and it then became the duty of the trustees to divide the real and personal estate of the testator into nine equal parcels and shares, [that being the number of the children,] and to convey one of said parcels and shares to each of the complainants, free from all trusts; that the trustees have already so conveyed the personal estate, but still hold large tracts of valuable land in Boston, and refuse to divide the same…
1Opinion of the CourtChapman, J.
The complainants contend that the respondents are required by the will of Hall J. How to make partition of the estate which they hold in trust and then make conveyance of the several parcels to the devisees. The respondents on the other hand contend that they have nothing to do but convey the estate to the devisees as tenants in common. As the estate is to be equally divided, a partition requires not only that the property shall be divided into equal parts, but that the trustees shall set off to each devisee his respective parcel. This would be a delicate duty for the respondent Hall J. How,…
2Cited by6 opinions
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- Southard v. SouthardMassachusetts Supreme Judicial Court · 1911
- Heard v. ReadMassachusetts Supreme Judicial Court · 1898
- Mayhew v. GodfreyMassachusetts Supreme Judicial Court · 1869
- Estate of Spreckels, Superior Court of California, County of San Francisco1910
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