Legal Opinion

Kelly v. Nichols

Supreme Court of Rhode Island

Decided March 14, 1891PublishedCited by 9 opinions

Bill in Equity to avoid a trust and for an account. On demurrer to tbe bill. The will of Joseph Greene, formerly of Jamestown, and proven before the Probate Court of said Jamestown, September 19, A. D. 1840, is as follows: — I, Joseph Greene, of the town of Jamestown, on the island of Canonicut, in the County of Newport, and State of Rhode Island, yeoman, considering the uncertainty of time, and the probability, from the long pilgrimage which I have already passed, that the…

Read the full summary

Bill in Equity to avoid a trust and for an account. On demurrer to tbe bill. The will of Joseph Greene, formerly of Jamestown, and proven before the Probate Court of said Jamestown, September 19, A. D. 1840, is as follows: — I, Joseph Greene, of the town of Jamestown, on the island of Canonicut, in the County of Newport, and State of Rhode Island, yeoman, considering the uncertainty of time, and the probability, from the long pilgrimage which I have already passed, that the close of my probationary existence is near at hand; and also being desirous, while ability of body and soundness of mind…

1Opinion of the CourtStiness, J.

Joseph Greene, of Jamestown, died in 1840, leaving a will, by which he gave his real and personal estate to trustees, to be by them held in trust, after payment of his debts, funeral expenses, and the care of two sisters during their lives, for the following purposes forever, namely: First, “ that the graves,” of his sisters and himself, “ should be, from time to time, kept in good and decent repair; ” second, that the trustees shall “ distribute and dispose of the net rents and profits of my said farm according to such directions, limitations, and instructions as I have hereinbefore given,…

2Cases cited8 opinions

  1. Jones v. HabershamSupreme Court of the United States · 1883
  2. Coit v. ComstockSupreme Court of Connecticut · 1884
  3. Bates v. BatesMassachusetts Supreme Judicial Court · 1883
  4. Johnson v. HolifieldSupreme Court of Alabama · 1885
  5. Piper v. MoultonSupreme Judicial Court of Maine · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re the Estate of BeekmanNew York Court of Appeals · 1921
  2. R.I.H. Tr. Co. v. Swan Pt. C'm't'ry.Supreme Court of Rhode Island · 1938
  3. Rhode Island Hospital Trust Company v. VotolatoSupreme Court of Rhode Island · 1967
  4. Bible Institute Colportage Ass'n v. St. Joseph B. & T. Co.Indiana Court of Appeals · 1947
  5. Edwards v. DeSimoneSupreme Court of Rhode Island · 1969

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API