Legal Opinion

Loring v. Massachusetts Horticultural Society

Massachusetts Supreme Judicial Court

Decided June 21, 1898PublishedCited by 12 opinions

Bill in "equity, by the trustees under the trust deed of Francis B. Hayes, asking the instructions of the court as to the construction thereof. The case was reserved by Barker, J., on the bill, answers, and an agreed statement of facts, the material portions of which appear in the opinion. The case was argued at the bar in March, 1898, and after-wards was submitted on briefs to all the justices.

1Opinion of the CourtHolmes, J.

This is a bill for instructions by trustees under a trust deed of Francis B. Hayes. The deed gave certain property to the plaintiffs in trust to the use of such of certain persons and corporations as Hayes might appoint by will. Hayes died on February 9, 1895, and by his will and codicil appointed pecuniary legacies to different persons and corporations, and the residue to the Massachusetts Horticultural Society. The will and codicil were proved after a contest, on May 17, 1897. Then there was a contest whether the property was assets to be administered by Hayes’s executor, or was to be…

2Cases cited5 opinions

  1. Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
  2. BartlettMassachusetts Supreme Judicial Court · 1895
  3. Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
  4. Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
  5. Dixon v. StormNew York Surrogate's Court · 1881

3Cited by12 opinions

  1. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  2. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  3. Edwards v. EdwardsMassachusetts Supreme Judicial Court · 1903
  4. DiSesa v. HickeySupreme Court of Connecticut · 1971
  5. Loring v. ThompsonMassachusetts Supreme Judicial Court · 1903

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