Allen v. Costello
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 18, 1912, by the mortgagee under certain mortgages made by James F. Costello of all his interest in the estate of his father James J. Costello, to secure the payment of certain promissory notes, alleging that, under the will of James J. Costello, James F. Costello was entitled to two ninths of the annual net income of certain trust property and that in the event of such net income not amounting to the sum of $10,000 per…
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Bill in equity, filed in the Superior Court on March 18, 1912, by the mortgagee under certain mortgages made by James F. Costello of all his interest in the estate of his father James J. Costello, to secure the payment of certain promissory notes, alleging that, under the will of James J. Costello, James F. Costello was entitled to two ninths of the annual net income of certain trust property and that in the event of such net income not amounting to the sum of $10,000 per annum he was entitled to have sufficient of the trust property sold to equal together with such income the sum of $10,000…
1Opinion of the CourtBraley, J.
By the fourth clause of his will James J. Costello provided: “All the rest and residue of the property and estate of every name and nature, and wheresoever situated, that shall belong to me at the time of my decease, I give, bequeath and devise to my said wife, Catherine H. Costello, and my son, Joseph A. Costello, — to have and to hold the same to them and their heirs, executors, administrators and assigns: But in Trust Nevertheless to hold and manage the same for the period of seven (7) years from the time of my decease and after paying all taxes, cost of insurance, repairs and all other…
2Cases cited14 opinions
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
- Nudd v. PowersMassachusetts Supreme Judicial Court · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Samia v. Central Oil Co. of WorcesterMassachusetts Supreme Judicial Court · 1959
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Akin v. WarnerMassachusetts Supreme Judicial Court · 1945
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
11 more not listed; retrieve them via the Exa API.