Dunbar v. Soule
Massachusetts Supreme Judicial Court
Appeal by William T. Soule from a decree of the Probate Court, appointing George H. Dunbar one of the trustees under the will of William W. Swain.
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Appeal by William T. Soule from a decree of the Probate Court, appointing George H. Dunbar one of the trustees under the will of William W. Swain. The record showed the following facts: The testator, by his will, which was duly proved and allowed on November 5, 1858, gave a certain estate in trust for the establishment of a free school in New Bedford for girls ten years of age and upwards, and appointed ten persons by name “and the mayor of the city ” a board of trustees.to carry into effect the provisions of the will in relation to the proposed school. By a codicil, executed a year after the…
1Opinion of the CourtEndicott, J.
There is nothing in this will to indicate that the testator intended that the city of New Bedford should take any interest in the fund given to the trustees for the establishment of a school; or that the city, in its corporate capacity, should have any control or direction in its management. The provisions in the codicil, executed a year after the will, authorizing the fund to be paid over to the city for educational purposes, if two thirds of the trustees should be of opinion that they could not administer it as the testator intended, does not in any way change the character of the trust, or…
2Cases cited1 opinion
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
3Cited by1 opinion
- Cady v. NolanSupreme Court of Rhode Island · 1947