Nichols v. Allen
Massachusetts Supreme Judicial Court
Bill in equity, alleging that the plaintiff was the first cousin and next of kin of Eliza Powers, whose will, which was duly admitted to probate, after making pecuniary bequests to sundry persons, amounting to $54,000, and to various charitable corporations, amounting to $100,000, contained the following clauses: “ After the payment of the foregoing legacies, and all expenses and charges in the settlement of my estate, should there be any surplus, I give and bequeath the…
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Bill in equity, alleging that the plaintiff was the first cousin and next of kin of Eliza Powers, whose will, which was duly admitted to probate, after making pecuniary bequests to sundry persons, amounting to $54,000, and to various charitable corporations, amounting to $100,000, contained the following clauses: “ After the payment of the foregoing legacies, and all expenses and charges in the settlement of my estate, should there be any surplus, I give and bequeath the same to my executors and the survivor of them, or their successors, if any such should be appointed to administer on my…
1Opinion of the CourtGray, C. J.
Two general rules are well settled: 1st. When a gift or bequest is made in terms clearly manifesting an intention that it shall be taken in trust, and the trust is not sufficiently defined to be carried into effect, the donee or legatee takes the legal title only, and a trust results by implication of law to the donor and his representatives, or to the testator’s residuary legatees or next of kin. Briggs v. Penny, 3 DeG. & Sm. 525, and 3 Macn. & Gord. 546. Thayer v. Wellington, 9 Allen, 283. Sheedy v. Roach, 124 Mass. 472. 2d. A trust which by its terms may be applied to objects which are not…
2Cases cited8 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Chamberlain v. StearnsMassachusetts Supreme Judicial Court · 1873
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Sheedy v. RoachMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
- Heidenheimer v. BaumanTexas Supreme Court · 1892
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
44 more not listed; retrieve them via the Exa API.