Sparhawk v. Sparhawk
Massachusetts Supreme Judicial Court
Appeal by the respondent from a decree of the judge of probate of the county of Middlesex, removing him from his office as trustee under the following clause of the will of Edward Spar-hawk : “ Second.
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Appeal by the respondent from a decree of the judge of probate of the county of Middlesex, removing him from his office as trustee under the following clause of the will of Edward Spar-hawk : “ Second. I give to my grandchildren, Mary E. Sparhawk and Catherine L. Sparhawk, each the sum of five thousand dab lors; which sums are to be held in trust for them by their father, George Sparhawk, until they respectively arrive at the age of thirty years, when I direct him to pay said bequests over to them respectively. But I further direct him to pay to them, from time to time, the income of said…
1Opinion of the CourtGray, C. J.
This is a very clear case. It is one of the primary duties of a trustee to keep the funds of the trust separate from his private funds, and not, by mingling them together, to expose the trust funds to the risks to which his own property may become liable. The appellant has violated this duty, and by his own statement has done so deliberately, and withholds information of his investments from the cestuis que trust. He was exempted by the will from giving bonds, and they have therefore no security against loss through his malfeasance. The fact that he is their father and the son of the testator…
2Cited by12 opinions
- Cooney v. MontanaMassachusetts Supreme Judicial Court · 1964
- Busby v. StateCourt of Criminal Appeals of Texas · 1907
- In re Allard GuardianshipMontana Supreme Court · 1914
- Waitt v. HarveyMassachusetts Supreme Judicial Court · 1942
- Springfield Safe Deposit and Trust Co. v. First Unitarian SocietyMassachusetts Supreme Judicial Court · 1936
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