Hooper v. Bradbury
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, refusing to grant the petition of the appellant to be appointed trustee of the estate devised by Henry Hooper, for the use and benefit of the appellee, his daughter.
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Appeal from a decree of the Probate Court, refusing to grant the petition of the appellant to be appointed trustee of the estate devised by Henry Hooper, for the use and benefit of the appellee, his daughter. Hearing before Endicott, J., who reported the case for the consideration of the full court, in substance as follows: The petition was disallowed by the Probate Court on the sole ground that the will of the deceased did not create a valid trust, and that no occasion existed for the appointment of a trustee. The material parts of the will were as follows : “ First. I give to my wife…
1Opinion of the CourtField, J.
The report finds that the executor’s accounts show a balance of personal property in his hands to be divided under the third and fourth clauses of the will. It is said in argument, that there is also land devised by these clauses.
The legal effect of the third clause standing alone would be to give to Henry, Eliza and Mary Susan each absolutely one undivided third part of the personal property, and an estate in fee simple in an undivided third part of the real property, provided the testator had an estate in fee simple in it which he could devise. Gen. Sts. c. 92, § 5. Lincoln v. Lincoln, 107…
2Cases cited14 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
- Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
- White v. Massachusetts Institute of TechnologyMassachusetts Supreme Judicial Court · 1898
- Lathrop v. MerrillMassachusetts Supreme Judicial Court · 1910
21 more not listed; retrieve them via the Exa API.