Shreve v. Shreve
Massachusetts Supreme Judicial Court
Bill in equity, by the executors of and the trustees under the will of Benjamin Shreve, praying for the construction thereof. After a devise to his son, Octavius B. Shreve, of the messuage on Chestnut Street in Salem, the testator gave the residue in trust, the income of one half to be paid to Octavius, and then provided as follows : “ The other half part of the residue of my estate, real and personal, my trustee or their successor or successors, shall hold under this trust.
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Bill in equity, by the executors of and the trustees under the will of Benjamin Shreve, praying for the construction thereof. After a devise to his son, Octavius B. Shreve, of the messuage on Chestnut Street in Salem, the testator gave the residue in trust, the income of one half to be paid to Octavius, and then provided as follows : “ The other half part of the residue of my estate, real and personal, my trustee or their successor or successors, shall hold under this trust. They shall pay the income to my wife, or they shall apply the income and interest as they may judge best to the support…
1Opinion of the CourtHammond, J.
The testator was twice married, and at his decease he left surviving him a widow, Mary L. Shreve, and, as his only issue, Octavius B. Shreve, a son by his first wife, and Henry M. Shreve, a son by the said Mary, his second wife.
The general scheme of the will is that after the devise of “ the messuage on Chestnut Street ” to his son Octavius, the residue shall be held in trust, the income of one half to be paid to Octavius, and that of the other half to be paid to or for the benefit of the widow and her children; and the beneficiaries of one half have no interest in or control over the other…
2Cases cited6 opinions
- Brandenburg v. ThorndikeMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. GeeMassachusetts Supreme Judicial Court · 1850
- Morriss v. Garland's Adm'rSupreme Court of Virginia · 1883
- Jones v. KnappenSupreme Court of Vermont · 1891
- Latta v. BrownTennessee Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1918
- Boynton v. BoyntonMassachusetts Supreme Judicial Court · 1929
- Hesseltine v. PartridgeMassachusetts Supreme Judicial Court · 1920
- Lidgate v. DanfordHawaii Supreme Court · 1916
- Trustees of Kenyon College v. Cleveland Trust Co.Ohio Supreme Court · 1935