D'Ooge v. Leeds
Massachusetts Supreme Judicial Court
Petition to the Probate Court by the trustee under a will for instructions as to the disposition of certain bonds and a sum of money. A decree was entered, to the effect that they were income of the trust fund; and an appeal was taken. Knowlton, J., reserved the case for the consideration of the full court. The facts appear in the opinion. The case was argued at the bar in March, 1900, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, J.
The petitioner is a trustee under the will of Elizabeth Lambert, by the residuary clause of which she directed him to hold three-sixths of the residuum as a trustee, and to pay over the income of it to certain persons for life, and on the death of the last survivor of them to pay over the principal to certain persons and corporations to be held by them absolutely. A part of the property which has come into his hands is twenty-two shares of the capital stock of the Adams Express Company. This company is not a corporation, but a joint-stock association organized under the laws of the State of…
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