Woodbury v. Hayden
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the County of Middlesex on August 3,1909, and amended on May 15, 1911, by the administrator with the will annexed of the estate of Lennette A. Woodbury, late of Cambridge, for instructions. The bill was filed as such administrator by George E. Wood-bury, the father of the testatrix. He died on March 17, 1910, and Frederick G. Roby was appointed administrator with the will annexed in his place.
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Bill in equity, filed in the Probate Court for the County of Middlesex on August 3,1909, and amended on May 15, 1911, by the administrator with the will annexed of the estate of Lennette A. Woodbury, late of Cambridge, for instructions. The bill was filed as such administrator by George E. Wood-bury, the father of the testatrix. He died on March 17, 1910, and Frederick G. Roby was appointed administrator with the will annexed in his place. On May 15, 1911, an amendment to the bill was allowed by the Probate Court substituting Frederick G. Roby as plaintiff and making the administrator of the…
1Opinion of the CourtHammond, J.
The sole question is whether Hayden took the residue upon a trust, or subject to a trust. If upon a trust, then he took no beneficial interest, and the purposes of the trust having been accomplished, the remainder stands as intestate property; if subject to a trust, the beneficial interest was in him subject to a legal duty to use the same so far as necessary for the support and maintenance of Mrs. Woodbury the aunt of the testatrix, and that duty having been performed he holds the remainder absolutely.
The case is before us upon the pleadings and agreed facts. The testatrix was born in…
2Cases cited3 opinions
- McElroy v. McElroyMassachusetts Supreme Judicial Court · 1873
- Buffinton v. MaxamMassachusetts Supreme Judicial Court · 1890
- Buffinton v. MaxamMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- Ventura v. VenturaMassachusetts Supreme Judicial Court · 1990
- Cavan v. WoodburyMassachusetts Supreme Judicial Court · 1921
- Ciampa v. Bank of AmericaMassachusetts Appeals Court · 2015
- Smith v. PrattSupreme Court of New Hampshire · 1949
- Pickering v. YoungMassachusetts Supreme Judicial Court · 1933
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