Carruth v. Carruth
Massachusetts Supreme Judicial Court
Two appeals from decrees of the Probate Court, appointing separate trustees for the real and personal property given by the residuary clause of the will of Emma Carruth. The cases were submitted to this court upon an agreed statement of facts, in substance as follows.
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Two appeals from decrees of the Probate Court, appointing separate trustees for the real and personal property given by the residuary clause of the will of Emma Carruth. The cases were submitted to this court upon an agreed statement of facts, in substance as follows. Emma Carruth, the testatrix, died on May 31, 1888, leaving a will, which was duly admitted to probate, and which, after creating in the sixth clause a trust in personal property for the benefit of Elizabeth F. Carruth, and in the seventh clause another trust also in personal property for the benefit of Elizabeth D. Allen, both…
1Opinion of the CourtMorton, C. J.
By the ninth clause of her will, the testatrix gives the residue of her property, real and personal, to a trustee, to hold and manage the same, and to pay the income to her sister during her life. She directs the trustee to “ keep the personal property received by him separate and distinct from the real estate, and from the proceeds derived by him from the sale or sales of real estate,” and upon the death of her sister to pay and transfer such personal property to the Woman’s Board of Missions. She also directs that, after the death of her sister, the trustee shall hold the real estate or its…
2Cases cited1 opinion
- In re WadsworthNew York Court of Chancery · 1847
3Cited by6 opinions
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Commissioner of Internal Revenue v. McIlvaineCourt of Appeals for the Seventh Circuit · 1935
- Loughery v. BrightMassachusetts Supreme Judicial Court · 1929
- Woolley v. StewartAppellate Division of the Supreme Court of the State of New York · 1915
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