Stone
Massachusetts Supreme Judicial Court
Petition in equity, filed January 28, 1884, for the termination of a trust. The petition alleged that Seth K. Crowell, by a deed dated July 6, 1869, in which his wife, Mary H. Crowell, joined in her own right, conveyed to Asa Goodnow in fee simple certain real estate in Brookline, “ but upon the special trusts and uses declared by said Asa in an instrument of even date, herewith to be recorded; ” that by an instrument under seal, dated July 6,-1869, Asa Goodnow declared the…
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Petition in equity, filed January 28, 1884, for the termination of a trust. The petition alleged that Seth K. Crowell, by a deed dated July 6, 1869, in which his wife, Mary H. Crowell, joined in her own right, conveyed to Asa Goodnow in fee simple certain real estate in Brookline, “ but upon the special trusts and uses declared by said Asa in an instrument of even date, herewith to be recorded; ” that by an instrument under seal, dated July 6,-1869, Asa Goodnow declared the special trusts and uses upon which he held the estate so conveyed to him, as follows: “ First. To mortgage the same back…
1Opinion of the CourtC. Allen, J.
The declaration of trust does not contemplate that the trust should, at all events and under all circumstances, be maintained for the benefit of the daughters’ children, but it might at any time have been terminated by the concurrence of Goodnow and of his two daughters, or, in case one of the daughters had died, by his concurrence and that of the survivor. The various provisions referring to children of the daughters *480are only intended to apply to the case of the death of a daughter, during the continuance of the trust, and do not require that the trust shall be continued until such death. By…
2Cited by9 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- In re ThurstonMassachusetts Supreme Judicial Court · 1891
- Jacobs v. CornilsSupreme Court of Iowa · 1914
- Angell v. AngellSupreme Court of Rhode Island · 1908
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