Munroe v. Dewey
Massachusetts Supreme Judicial Court
Bill in equity for instructions as to the construction of the will of Eustace C. Fitz. Hearing before Knowlton, J., who, at the request of the parties, reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a bill brought by trustees under a will for instructions whether certain income shall be paid to the legatee or to his trustee in bankruptcy. The income was given to *185the legatee for life, and the will expressly directs that “ no income or principal shall in any case be assignable or alienable by anticipation, or subject to attachment, levy, or seizure by any creditor of the beneficiary, prior to his or her actual receipt thereof.” Even if this clause attempts to go further than the law permits, its validity with regard to an equitable life estate is settled, as against both attaching…
2Cases cited1 opinion
- Billings v. MarshMassachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Huntress v. AllenMassachusetts Supreme Judicial Court · 1907
- Boston Safe Deposit & Trust Co. v. LukeMassachusetts Supreme Judicial Court · 1915
- Haskell v. HaskellMassachusetts Supreme Judicial Court · 1920
- King v. CramMassachusetts Supreme Judicial Court · 1904
- Murphy v. DelanoSupreme Judicial Court of Maine · 1901