Legal Opinion

Russell v. Grinnell

Massachusetts Supreme Judicial Court

Decided October 15, 1870PublishedCited by 7 opinions

Bill in equity by William T. Russell, his two sons, and Catherine B. Anthony, alleging that Mary Grinnell by her will gave to Joseph Grinnell, one of the defendants, “the sum of $4000 to be held by him in trust for the use and support of my brother William T. Russell, and his wife and children,” also gave to Joseph Grinnell and Joseph R. Anthony “ the sum of $4000 to be held by them in trust for the use and support of my sister Catherine, wife of Joseph R. Anthony,” and gave…

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Bill in equity by William T. Russell, his two sons, and Catherine B. Anthony, alleging that Mary Grinnell by her will gave to Joseph Grinnell, one of the defendants, “the sum of $4000 to be held by him in trust for the use and support of my brother William T. Russell, and his wife and children,” also gave to Joseph Grinnell and Joseph R. Anthony “ the sum of $4000 to be held by them in trust for the use and support of my sister Catherine, wife of Joseph R. Anthony,” and gave the residue of her property to the defendants; that the wife of William T. Russell had died, his sons were both of full…

1Opinion of the CourtChapman, C. J.

The bequests in trust gave large discretionary power to the trustees. They might apply not only the income, but so much of the principal as they might think proper, *426to the use and support of the cestui que trust, and they were not limited to any particular methods of making the application. In the exercise of a reasonable discretion they had power to terminate the trust, if they thought proper; and in the exercise of the same discretion they may continue to hold the property not yet expended. They do not seek instructions from the court as to their duty, and the plaintiffs have no right to do…

2Cited by7 opinions

  1. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
  2. Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
  3. State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
  4. Crawford v. LangmaidMassachusetts Supreme Judicial Court · 1898
  5. Sparhawk v. CloonMassachusetts Supreme Judicial Court · 1878

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