Welch v. Apthorp
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on August 13, 1908, by the trustees under a deed of trust, for instructions. The trust deed was elaborate, and covered eleven pages of the printed record.
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Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on August 13, 1908, by the trustees under a deed of trust, for instructions. The trust deed was elaborate, and covered eleven pages of the printed record. By its provisions certain real estate was conveyed to the trustees in trust, among other things, to pay, from the net income thereof, by paragraph 22, “ one fifth to Mary S. Apthorp during her life,” and after her death to her husband, John Y. Apthorp, one of the defendants; by paragraph 23, “ one fifth to said Mary S. Apthorp during her life ” and after her death…
1Opinion of the CourtBraley, J.
The trustees at the death of Mary S. Apthorp, the beneficiary for life, either had received or were entitled to receive as due and payable although not yet collected a sum representing a quarter of the annual income from the estate. But, her death having occurred shortly before the day fixed by them for quarterly payments, the succeeding beneficiary contends that no part of this amount is payable to her administrator. We are of opinion that this position cannot be maintained. In the plan of distribution Mrs. Apthorp received nine fifteenths of the net income, but instead of absolutely fixing…
2Cases cited1 opinion
- Hemenway v. HemenwayMassachusetts Supreme Judicial Court · 1898
3Cited by13 opinions
- Estate of LockhartCalifornia Court of Appeal · 1937
- Held v. KellerSupreme Court of Minnesota · 1916
- Cromwell v. ConverseSupreme Court of Connecticut · 1928
- Horlick v. SidleyWisconsin Supreme Court · 1942
- Haiku Sugar Co. v. JohnstoneCourt of Appeals for the Ninth Circuit · 1918
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