Scott v. Rand
Massachusetts Supreme Judicial Court
Bill in equity brought by Theodosia Scott, suing by her next friend, against Edward S. Rand, Jr., and Charles Scott, alleging: That the plaintiff was the wife of the defendant Scott; that in 1862, she was adjudged by the Probate Court for the county of Middlesex to be an insane person ; that in September, 1871 the plaintiff filed a petition in said Probate Court, .praying to be discharged from guardianship, and that she was discharged from guardianship by an order of said…
Read the full summary
Bill in equity brought by Theodosia Scott, suing by her next friend, against Edward S. Rand, Jr., and Charles Scott, alleging: That the plaintiff was the wife of the defendant Scott; that in 1862, she was adjudged by the Probate Court for the county of Middlesex to be an insane person ; that in September, 1871 the plaintiff filed a petition in said Probate Court, .praying to be discharged from guardianship, and that she was discharged from guardianship by an order of said court in January, 1872.; that the defendant Scott took an appeal from said order, which appeal was waived May 7, 1872, and…
1Opinion of the CourtColt, J.
It is contended in support of the demurrer that the trust created by the indenture signed by the defendants, so far as it relates to the plaintiff, terminated with her release from guardianship. The terms of the trust must be ascertained by applying to this instrument the usual rules of interpretation, and we are of opinion that the plaintiff is entitled to the benefit of the provision in her behalf, without reference to the continuance of the guardianship under which she had been placed.
The indenture expressly provides that the trust shall terminate upon the death of Mrs. Scott during the…
2Cited by6 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Frankel v. FrankelMassachusetts Supreme Judicial Court · 1899
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Scott v. RandMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.