Legal Opinion

Shattuck v. Stickney

Massachusetts Supreme Judicial Court

Decided February 29, 1912PublishedCited by 10 opinions

Bill in equity, filed in the Probate Court for the County of Bristol on November 28, 1911, by the trustees under the will of George O. Crocker, late of New Bedford, for instructions as to their power and duties under the tenth article of that will. On appeal the case came on to be heard before DeCourcy, J., who reservéd it for determination by the full court upon the bill and the answers of the several defendants, the objections to the decree being made a part of the report.

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Bill in equity, filed in the Probate Court for the County of Bristol on November 28, 1911, by the trustees under the will of George O. Crocker, late of New Bedford, for instructions as to their power and duties under the tenth article of that will. On appeal the case came on to be heard before DeCourcy, J., who reservéd it for determination by the full court upon the bill and the answers of the several defendants, the objections to the decree being made a part of the report. The testator died on May 24, 1887, and his will was proved on July 1, 1887. Oliver C. Stevens of Boston and Charles P.…

1Opinion of the CourtDeCourcy, J.

The first question presented by the bill is, in substance, have the plaintiffs the same discretionary power to make payments to Amos E. Lawrence as was given to their predecessors in the trust, Charles P. Rugg and Oliver C. Stevens, by the tenth item of the will of George O. Crocker? The appeal of the defendant Burrage from the decree of the Probate Court and his objections thereto filed in this court definitely raise this issue. Bartlett v. Slater, 183 Mass. 152. Codwise v. Livermore, 194 Mass. 445.

*330It is expressly provided by our statute concerning trusts that “a new trustee . . . appointed…

2Cases cited7 opinions

  1. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
  2. Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
  3. Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
  4. Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
  5. Bartlett v. SlaterMassachusetts Supreme Judicial Court · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
  2. Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
  3. Hedge v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1925
  4. Kirwin v. Attorney GeneralMassachusetts Supreme Judicial Court · 1931
  5. Thompson v. ClarkeMassachusetts Supreme Judicial Court · 1928

5 more not listed; retrieve them via the Exa API.

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