Howland v. Parker
Massachusetts Supreme Judicial Court
Contract by the executrix of the will of Mary E. Howland, to recover money alleged to be in the possession of the defendants as trustees under a written instrument by the terms of which, on the death of the plaintiff’s testate, the fund was to be disposed of as by her last will she should direct.
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Contract by the executrix of the will of Mary E. Howland, to recover money alleged to be in the possession of the defendants as trustees under a written instrument by the terms of which, on the death of the plaintiff’s testate, the fund was to be disposed of as by her last will she should direct. Writ in the Superior Court for the county of Bristol dated December 16 1907. The answer acknowledged possession of the money as alleged, but stated that one Barker C. Howland claimed it. The latter was summoned to appear under R. L. c. 173, § 37, and did appear and filed an answer as claimant. There…
1Opinion of the CourtLoring, J.
The first contention made by the executrix is that the seventh clause of the will of Mrs. Howland was a valid execution of the power, and her second, that the eighth clause is a valid execution of it if the seventh is not.
In this action it is not necessary to decide between the two. If either clause operates as an execution of the power, the fund *207goes to the executrix under the rule established in Olney v. Balch, 154 Mass. 318.
We are of opinion that the fund passes under the eighth clause if it does not pass under the seventh.
It is settled in this Commonwealth that where a testator has the…
2Cases cited9 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Olney v. BalchMassachusetts Supreme Judicial Court · 1891
- Cumston v. BartlettMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Greenough v. OsgoodMassachusetts Supreme Judicial Court · 1920
- Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- Russell v. JoysMassachusetts Supreme Judicial Court · 1917
- Dunbar v. HammondMassachusetts Supreme Judicial Court · 1920
8 more not listed; retrieve them via the Exa API.