Sands v. Old Colony Trust Co.
Massachusetts Supreme Judicial Court
Petition in the Probate Court for the county of Suffolk for revocation of a settlement of personal property in trust, filed November 25, 1905. In the Probate Court a guardian ad litem or next friend was appointed to represent the interests of persons then unborn or unascertained and made a report objecting to a revocation of the settlement, and a decree was entered dismissing the petition.
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Petition in the Probate Court for the county of Suffolk for revocation of a settlement of personal property in trust, filed November 25, 1905. In the Probate Court a guardian ad litem or next friend was appointed to represent the interests of persons then unborn or unascertained and made a report objecting to a revocation of the settlement, and a decree was entered dismissing the petition. On appeal there was a trial before Rugg, J., who reserved the case upon the pleadings and agreed statement of facts for consideration and determination by this court. It appeared from the agreed statement…
1Opinion of the CourtSheldon, J.
It is established in this Commonwealth that a voluntary settlement, which has been fully executed without the reservation of any power of revocation, cannot be revoked without proof of mental unsoundness, mistake, fraud or undue influence. The absence of a power of revocation creates no presumption against the validity of the settlement. Lovett v. Farnham, 169 Mass. 1. Taylor v. Buttrick, 165 Mass. 547. Thurston, petitioner, 154 Mass. 596. Keyes v. Carleton, 141 Mass. 45, 49. Sewall v. Roberts, 115 Mass. 262. Viney v. Abbott, 109 Mass. 300. But a court of equity may decree the determination…
2Cases cited23 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Glover v. CondellIllinois Supreme Court · 1896
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Whittemore v. Equitable Trust Co.New York Court of Appeals · 1929
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Barnum v. FayMassachusetts Supreme Judicial Court · 1946
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