Legal Opinion

Wilson v. Wilson

Massachusetts Supreme Judicial Court

Decided January 5, 1888PublishedCited by 33 opinions

Appeal from a decree of the Probate Court, allowing a petition filed by Job T. Wilson, praying for the removal of James H, Wilson, one of the trustees under the will of Deborah Wilson. The case was heard by Holmes, J., and reserved for the consideration of the full court. The facts appear in the opinion-

1Opinion of the Court

Mobton, 0. J.

The will of the testatrix, who was the wife of the petitioner, gives the most of her estate to the respondent and two others, uponThe trust that they “ may, in the exercise of their discretion, pay” to the petitioner such portion of the income, “ or no portion at all thereof, as they shall from time to time think fitting and proper,” shall invest the surplus income for accumulation, and at the death of the petitioner shall convey one half of the trust estate to her daughter or her issue, or, if she leaves no issue, to the issue of the respondent, and shall hold the other half in…

2Cases cited3 opinions

  1. McPherson v. CoxSupreme Court of the United States · 1878
  2. Scott v. RandMassachusetts Supreme Judicial Court · 1875
  3. Nickels v. PhilipsSupreme Court of Florida · 1882

3Cited by33 opinions

  1. Carrier v. . CarrierNew York Court of Appeals · 1919
  2. Symmons v. O'KeeffeMassachusetts Supreme Judicial Court · 1995
  3. May v. MaySupreme Court of the United States · 1897
  4. Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
  5. Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937

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