Legal Opinion

Taft v. Taft

Massachusetts Supreme Judicial Court

Decided February 26, 1881PublishedCited by 10 opinions

Bill ir equity by the minor children of the defendant, alleging that Ellery T. Grant by his will, which was duly admitted to probate, devised certain property to the defendant, to be held by her for certain purposes, and among others in trust for said minor children; that letters testamentary were issued to the defendant, the executrix named therein; that the defendant had advertised certain land, included in the will, for sale, and threatened to sell the same, and was…

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Bill ir equity by the minor children of the defendant, alleging that Ellery T. Grant by his will, which was duly admitted to probate, devised certain property to the defendant, to be held by her for certain purposes, and among others in trust for said minor children; that letters testamentary were issued to the defendant, the executrix named therein; that the defendant had advertised certain land, included in the will, for sale, and threatened to sell the same, and was selling and using the personal estate contrary to the provisions of said will; that the defendant was a spendthrift, and was…

1Opinion of the CourtEndicott, J.

By the will of the testator, the use, income and improvement of all his real and personal estate are given to his daughter Mary J. Taft, the mother of the plaintiffs, with power to sell the real estate, or to cut and sell the wood- and timber thereon, and to devote the proceeds of such sales, as well as the income of the property, to the maintenance and support of herself and her children, and “ with the privilege of disposing of any part of the principal derived from the sale of land, or from other sources, in such way and manner as she may think best.”

The will also provides that, at her…

2Cases cited4 opinions

  1. Johnson v. BattelleMassachusetts Supreme Judicial Court · 1878
  2. Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
  3. Gibbins v. ShepardMassachusetts Supreme Judicial Court · 1878
  4. Weston v. JenkinsMassachusetts Supreme Judicial Court · 1880

3Cited by10 opinions

  1. Ducker v. BurnhamIllinois Supreme Court · 1893
  2. Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
  3. Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
  4. Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
  5. Goodrich v. HendersonMassachusetts Supreme Judicial Court · 1915

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