Legal Opinion

Brandenburg v. Thorndike

Massachusetts Supreme Judicial Court

Decided March 2, 1885PublishedCited by 36 opinions

Bill IN equity by two of the heirs at law of Samuel Q. Cochran, and legatees under his will, against the trustees under his will and the other heirs at law and legatees, to have certain trusts established by the will declared void, or, if held to be valid, that they be decreed to be terminated, and that an annuity given by the will to the testator’s widow be declared to be intestate estate, she having waived the provisions of the will.

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Bill IN equity by two of the heirs at law of Samuel Q. Cochran, and legatees under his will, against the trustees under his will and the other heirs at law and legatees, to have certain trusts established by the will declared void, or, if held to be valid, that they be decreed to be terminated, and that an annuity given by the will to the testator’s widow be declared to be intestate estate, she having waived the provisions of the will. The case was reserved on the bill and answers, by Qolburn, J., for the consideration of the full court, and appears in "the opinion.

1Opinion of the CourtMorton, C. J.

The sixth clause of the will of the testator gives the residue of his property to trustees upon the following trusts: “ From the net income of said fund the trustees shall pay to my said wife during her life the annual sum of forty-four hundred dollars, in four equal quarterly instalments, and shall add the balance thereof to the capital, and after the death of my wife shall add the whole net income' to the capital. At the expiration of three years from the death of my wife, or at such time, whether earlier or later, as may, in the discretion of the *103trustees, be found expedient and…

2Cases cited2 opinions

  1. Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
  2. Inches v. HillMassachusetts Supreme Judicial Court · 1871

3Cited by36 opinions

  1. Wong v. Di GraziaCalifornia Supreme Court · 1963
  2. Belfield v. BoothSupreme Court of Connecticut · 1893
  3. Olsen v. YoungermanSupreme Court of Iowa · 1907
  4. Closset v. BurtchaellOregon Supreme Court · 1924
  5. Higgins v. WashburnCalifornia Court of Appeal · 1909

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