Coates v. Burton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Suffolk on April 27, and amended on May 22, 1905, by the trustees under the will of Gideon Skull Holmes, late of Boston, for instructions as to the distribution of a trust fund, under the provision of that will which is quoted in the first paragraph of the opinion, upon the death of Sarah T. Coates, a daughter of the testator who had enjoyed the income of the fund during her life, and who died on December 19,1904,…
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Bill in equity, filed in the Probate Court for the county of Suffolk on April 27, and amended on May 22, 1905, by the trustees under the will of Gideon Skull Holmes, late of Boston, for instructions as to the distribution of a trust fund, under the provision of that will which is quoted in the first paragraph of the opinion, upon the death of Sarah T. Coates, a daughter of the testator who had enjoyed the income of the fund during her life, and who died on December 19,1904, leaving seven children and one grandchild, Emma Burton, the minor daughter of Elizabeth Coates Burton, one of the seven…
1Opinion of the CourtKnowlton, C. J.
The question before the court arises upon the following language of the will of Gideon S. Holmes, late of Boston, deceased: “ Upon the decease of each of my said daughters Caroline or Sarah, after the decease of my wife my trustees hereunder shall pay over a proportion of the principal of the said fund of fifty thousand dollars, and said estate on Fort Avenue, then in trust hereunder for their benefit equal to the proportion of the income thereof which such daughter so dying shall at her decease be entitled to receive, to her lawful issue share and share alike, and in case of either or both…
2Cases cited5 opinions
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
- Dexter v. InchesMassachusetts Supreme Judicial Court · 1888
- Hall v. HallMassachusetts Supreme Judicial Court · 1885
- Hills v. BarnardMassachusetts Supreme Judicial Court · 1890
- Gardiner v. SavageMassachusetts Supreme Judicial Court · 1903
3Cited by20 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Manning v. ManningMassachusetts Supreme Judicial Court · 1918
- Union Safe Deposit & Trust Co. v. DudleySupreme Judicial Court of Maine · 1908
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