Davis
Massachusetts Supreme Judicial Court
Appeal, from a decree of the Probate Court of the County of Suffolk, disallowing in part the fourteenth and fifteenth accounts of the surviving trustee under the will of Moses Day, late of Boston. It appearing that the appellant had died after the entry of the appeal, his executors were allowed to prosecute the appeal.
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Appeal, from a decree of the Probate Court of the County of Suffolk, disallowing in part the fourteenth and fifteenth accounts of the surviving trustee under the will of Moses Day, late of Boston. It appearing that the appellant had died after the entry of the appeal, his executors were allowed to prosecute the appeal. The case came on to be heard before Hammond, J., who found that the testimony of all the witnesses was true in all material matters, and at the request of the parties reserved the ease for determination by the full court. The details of the investments in the bonds and stock of…
1Opinion of the CourtMorton, J.
The first question in this case is whether in the investment of the trust funds in the stock and bonds of the Atchison, Topeka and Santa Fé Railroad Company, to the extent to which they invested in them, the trustees manifested the sound judgment and reasonable discretion and prudence which is required of trustees in such matters. The question is to be determined as of the time when the investments were made. There is also a question whether the general rule is affected by the language creating the trust. It is agreed that the purchases were made in perfect good faith and that before making…
2Cases cited2 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- DickinsonMassachusetts Supreme Judicial Court · 1890
3Cited by29 opinions
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
- Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
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