Stone v. Forbes
Massachusetts Supreme Judicial Court
Bill in equity, filed June 2, 1904, by tbe trustees under tbe will of Jobn M. Forbes, for instructions. The case came on to be beard before Braley, J., who reserved it upon tbe pleadings and agreed facts, so far as material, for determination by tbe full court. The material portions of tbe will of John M. Forbes are quoted in tbe opinion.
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Bill in equity, filed June 2, 1904, by tbe trustees under tbe will of Jobn M. Forbes, for instructions. The case came on to be beard before Braley, J., who reserved it upon tbe pleadings and agreed facts, so far as material, for determination by tbe full court. The material portions of tbe will of John M. Forbes are quoted in tbe opinion. The portions of the will and codicil of J. Malcolm Forbes material to tbe question of the execution of the power given to him by tbe will of John M. Forbes also are quoted in tbe opinion. Tbe following portion of the will of J. Malcolm Forbes is that…
1Opinion of the CourtMorton, J.
This is a petition for instructions by trustees under the will of John M. Forbes. The question is whether J. Malcolm Forbes, a son of John M. Forbes, who has deceased since his father leaving a will which has been duly allowed, has executed in and by his will a power of appointment which it is *166conceded was given to him by the will of his father, and whether the execution is a valid exercise of the power.
John M. Forbes after establishing a fund called The Permanent Fund for the benefit of his children provided by a codicil dated May 9, 1885, that “ my children shall have the power to dispose…
2Cases cited9 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Seaver v. FitzgeraldMassachusetts Supreme Judicial Court · 1886
- Cumston v. BartlettMassachusetts Supreme Judicial Court · 1889
- Osgood v. BlissMassachusetts Supreme Judicial Court · 1886
- Loring v. BlakeMassachusetts Supreme Judicial Court · 1867
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3Cited by40 opinions
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Greenough v. OsgoodMassachusetts Supreme Judicial Court · 1920
- Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
35 more not listed; retrieve them via the Exa API.