Kent v. Dunham
Massachusetts Supreme Judicial Court
Bill in equity, by two heirs at law of Josiah Dunham, who died on April 28, 1857, to have a certain trust created by the residuary clause of his will declared void. The defendants demurred to the bill, for want of equity. Hearing, on bill and demurrer, before G. Allen, J., who reserved the case, which appears in the opinion, for the consideration of the full court.
1Opinion of the CourtDevens, J.
The gift in .the residuary clause of the will to “ Samuel Leeds and Josiah Dunham, Jr., their heirs and assigns forever, and to the survivor of them and his heirs forever, in trust, to sell, dispose of, invest, and manage the same, and appropriate such part of the principal and interest as they may deem best, for the aid and support of those of my children and their descendants who may be destitute, and in the opinion of said trustees need such aid,” will not admit of being construed as a gift to the testator’s children and their descendants who might be living at the time of the testator’s…
2Cited by25 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Burbank v. BurbankMassachusetts Supreme Judicial Court · 1890
- Dexter v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1900
- Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
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