Legal Opinion

Garvey v. Garvey

Massachusetts Supreme Judicial Court

Decided November 27, 1889PublishedCited by 9 opinions

Bill in equity, filed in the Superior Court on December 3, 1888, for the removal of William P. Garvey, the trustee under the will of Andrew Garvey, and to reach and apply for the plaintiff’s benefit a fund in the hands of such trustee. The case was heard by Brigham, C. J., and reserved for the determination of this court. The facts appear in the opinion.

1Opinion of the CourtMorton, C. J.

Andrew Garvey, by his will, bequeathed certain. sums of money to his son, the defendant, upon the trust to pay “ four hundred dollars to my son Peter Garvey of said Springfield, to be paid to him by the said trustee at such time or times, and in such sum or sums, as by sickness or other misfortune he may need the same, provided, moreover, that any and all such payments shall be left entirely to the good judgment of the said trustee.” The will makes a similar provision for the testator’s son John Garvey, and further provides that “ any balance of said funds, not expended at the decease of my…

2Cases cited1 opinion

  1. Wilson v. WilsonMassachusetts Supreme Judicial Court · 1888

3Cited by9 opinions

  1. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  2. Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
  3. Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
  4. Perry v. PerryMassachusetts Supreme Judicial Court · 1959
  5. Kaplan v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1933

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