Kinmonth v. Brigham
Massachusetts Supreme Judicial Court
Bill, in "equity, brought by the widow of David M. Kin-month, against the trustees named in her husband’s will, praying that they might be ordered to pay over to her one third part of the amount received by them for the share of his estate in the profits of a limited partnership. The material portions of the will are copied in the margin ; * and the facts of the case are sufficiently stated in the opinion.
1Opinion of the CourtHoar, J.
This is a bill in equity by which the widow of David M. Kinmonth seeks to enforce against the executors and trustees of her deceased husband a trust created by bis will.
The material facts presented by the bill and answers are these. The testator, who died February 22, 1860, by his will, after certain specific legacies therein set forth, bequeathed the whole, residue of his estate to trustees, in trust to invest the same carefully, and to keep the same safely invested, and as often as once in each year, to divide the net income thereof into three parts, one of which they should pay over to his…
2Cited by4 opinions
- In Re LeuppNew Jersey Court of Chancery · 1931
- Equitable Trust Co. v. KentCourt of Chancery of Delaware · 1917
- McFadden v. BlairCourt of Appeals of Tennessee · 1956
- Wodehouse v. RobinsonHawaii Supreme Court · 1923