Leeds v. Wakefield
Massachusetts Supreme Judicial Court
Bill in equity, in the nature of a bill of interpleader, filed by the executor and trustee under the will of John Howe, the material provisions of which were as follows : 1st. A devise of the rents and profits of certain real estate to his wife for life, charged with the maintenance of his three sons during minority, and of his daughter while unmarried. 2d.
Read the full summary
Bill in equity, in the nature of a bill of interpleader, filed by the executor and trustee under the will of John Howe, the material provisions of which were as follows : 1st. A devise of the rents and profits of certain real estate to his wife for life, charged with the maintenance of his three sons during minority, and of his daughter while unmarried. 2d. “ If my said wife should die before all my children shall have arrived at lawful age, then it is my will that my executor shall take possession of my real estates, and receive the rents and income thereof as long as any of my children…
1Opinion of the CourtShaw, C. J.
The power given to the executor to sell and dispose of the real estate, upon the decease of the widow, after the children had all come of age, and to distribute the proceeds of the sale amongst the children then surviving, putting the issue of any deceased child in place of such child for the purpose of distribution, was a power coupled with a trust, which trus could only be carried into effect by first executing the power, so that the trust affects the proceeds, when thus raised by the execution of the power, by the sale of the estate. Greenough v Welles, 10 Cush. 576.
As a general rule, one…
2Cases cited1 opinion
- Neel v. HardingCourt of Appeals of Kentucky · 1859
3Cited by1 opinion
- Talcott v. TalcottCalifornia Court of Appeal · 1942