Wright v. Blinn
Massachusetts Supreme Judicial Court
Petition, filed on December 8, 1913, in the Probate Court for the county of Plymouth, by a creditor of Ellen Maria Kim-ball, late of Abington, a beneficiary for life under the will- of John Kimball, praying for payment of the petitioner’s account out of the trust fund created by the will for the benefit of Ellen Maria Kimball.
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Petition, filed on December 8, 1913, in the Probate Court for the county of Plymouth, by a creditor of Ellen Maria Kim-ball, late of Abington, a beneficiary for life under the will- of John Kimball, praying for payment of the petitioner’s account out of the trust fund created by the will for the benefit of Ellen Maria Kimball. The provision creating the trust was as follows: “the remaining three-fourths of all the rest, residue and remainder of my estate whether real, personal or mixed I give devise and bequeath unto the said George R. Blinn to have and to hold the same together with the…
1Opinion of the Court
By the court.
The will of John Kimball contained the provision for the benefit of his sister Ellen which is printed above.
The petitioner alleges that he furnished board, lodging, medicine and nursing for the sister of the testator for several years, the fair price for which he seeks to recover from the trustee. The case was referred to a master who reported in substance that the trustee never made any contract with the petitioner but steadfastly refused to do so; that the trustee paid directly to the beneficiary a sum in excess of the income of the trust fund, and, after narrating at some…
2Cases cited2 opinions
- Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
- Brown v. LumbertMassachusetts Supreme Judicial Court · 1915
3Cited by13 opinions
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
- City of Bridgeport v. ReillySupreme Court of Connecticut · 1946
- Saltonstall v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1926
- Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
- Steele v. KelleyMassachusetts Appeals Court · 1999
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