Withington v. Fidelity & Casualty Co.
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Norfolk on December 14, 1916, by the trustee under the will of Frances Rupp,' praying that a decree of that court discharging the Fidelity and Casualty Company of New York as surety on the bond of William H. Drury, the predecessor of the petitioner as trustee, be vacated; also a Petition, filed in the same court on February 4, 1919, by Mary M. Withington and Elizabeth R. Withington, alleging that they were interested in…
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Petition, filed in the Probate Court for the county of Norfolk on December 14, 1916, by the trustee under the will of Frances Rupp,' praying that a decree of that court discharging the Fidelity and Casualty Company of New York as surety on the bond of William H. Drury, the predecessor of the petitioner as trustee, be vacated; also a Petition, filed in the same court on February 4, 1919, by Mary M. Withington and Elizabeth R. Withington, alleging that they were interested in the estate of Frances Rupp as remainder-men under the sixth and eighth clauses of the will, and praying that a decree of…
1Opinion of the CourtDe Courcy, J.
The will of Frances Rupp was duly allowed by the Probate Court for the county of Norfolk in April, 1867. By its sixth clause one undivided eighth part of the residue of the personal estate was bequeathed to a trustee for the benefit of Frances Josephine Young (granddaughter of the testatrix), during her life, with remainder over, in default of issue, to her brother John R. Withington or his issue. The eighth clause created a *75trust, which was to include all her real estate, for the benefit mainly of specified children and grandchildren, among them being said Frances Josephine Young. It was…
2Cases cited4 opinions
- Brigham v. MorganMassachusetts Supreme Judicial Court · 1904
- Child v. ClarkMassachusetts Supreme Judicial Court · 1918
- Conant v. St. JohnMassachusetts Supreme Judicial Court · 1919
- Fidelity & Casualty Co. v. WithingtonMassachusetts Supreme Judicial Court · 1918
3Cited by6 opinions
- Greene v. Springfield Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1936
- Welch v. FloryMassachusetts Supreme Judicial Court · 1936
- Forbes v. AllenMassachusetts Supreme Judicial Court · 1922
- Barrett v. BriryMassachusetts Supreme Judicial Court · 1926
- Hibbard v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1938
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