Minot v. Paine
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 4, 1917, by the trustees under the will of Julia B. Paine, late of Weston, for instructions.
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Bill in equity, filed in the Supreme Judicial Court on May 4, 1917, by the trustees under the will of Julia B. Paine, late of Weston, for instructions. The prayer of the bill asked for instructions upon the following matters: :1 “First: Whether any of the trusts declared in said will of Julia B. Paine are invalid under the rule of perpetuities as to any of the trust funds now held by them or as to any of the particular trusts declared in said will of said Julia B. Paine. ¡ “Second: If it shall appear to the court that any of said trusts are invalid tinder said rule, whether it is now the duty…
1Opinion of the CourtRugg, C. J.
The main question in this case is whether in the case of a power to appoint property given by will, to be exercised '■solely by the will of the donee of the power, the period established by the rule against perpetuities is to be rteckoned from the creation or from the exercise of the power. That precise question never ' has been decided in this Commonwealth. It has arisen in England and in some of the other States.
In In re Powell’s Trusts, 39 L. J. Ch. 188, it was held by Vice Chancellor James that a power vested in a daughter by the will of her father to appoint by will after the termination…
2Cases cited27 opinions
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Walker v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1915
22 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Hogarth-Swann v. WeedMassachusetts Supreme Judicial Court · 1931
- Bundy v. United States Trust Co. of New YorkMassachusetts Supreme Judicial Court · 1926
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