Daggett v. White
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, appointing Elisha White trustee under the will of Kinsley,Wilmarth. The record showed the following facts: The testator, by his will which was duly proved and allowed on July 7, 1869, contained the following provisions : “ After the payment of my just debts and expenses of the settlement of my estate, I dispose of the same as follows: 1. I give, bequeath, and devise to John Daggett of Attleboro’, Esquire, all my estate of whatever…
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Appeal from a decree of the Probate Court, appointing Elisha White trustee under the will of Kinsley,Wilmarth. The record showed the following facts: The testator, by his will which was duly proved and allowed on July 7, 1869, contained the following provisions : “ After the payment of my just debts and expenses of the settlement of my estate, I dispose of the same as follows: 1. I give, bequeath, and devise to John Daggett of Attleboro’, Esquire, all my estate of whatever name or nature, in trust for the sole use and benefit of Elizabeth N. Brayton, daughter of John W. Brayton, and who now…
1Opinion of the CourtEndicott, J.
By the terms of this will, the appellant is appointed executor, and no duties are imposed upon him as executor beyond the duty of paying debts and settling the estate. He is not appointed executor and as such executor required to act as trustee for any person; but, after his duties as executor are performed, the remainder of the estate is bequeathed and devised to him in trust for the use and benefit of certain parties named in the will. It therefore appears from the will that the testator intended to give a distinct and independent character to the trustee thus named, and to impose upon him…
2Cases cited1 opinion
- Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
3Cited by10 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- In re Higgins' EstateMontana Supreme Court · 1895
- Gibney v. AllenMichigan Supreme Court · 1909
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
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