Bangs v. Smith
Massachusetts Supreme Judicial Court
Bill in equity to obtain instructions as to the disposition of property held in trust by the complainant. By the bill and answers these facts appeared: During the years 1855, 1856 and 1857, Ebenezer Smith caused to be conveyed to the com plainant by Stephen P. Fuller and others certain parcels of land !(in trust, to hold the same to the use of said Smith and to permit the said Smith to take the rents and profits thereof, and from time to time upon the request of said Smith…
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Bill in equity to obtain instructions as to the disposition of property held in trust by the complainant. By the bill and answers these facts appeared: During the years 1855, 1856 and 1857, Ebenezer Smith caused to be conveyed to the com plainant by Stephen P. Fuller and others certain parcels of land !(in trust, to hold the same to the use of said Smith and to permit the said Smith to take the rents and profits thereof, and from time to time upon the request of said Smith to convey such parcels of land and such parts and portions thereof as said Smith shall require, to him, said Smith, or to…
1Opinion of the CourtBigelow, C. J.
We think it clear that the testator intended that the will should operate on the property held by the trustee subject to the power of appointment provided by the indentures of trust under which the legal title was vested in him. It appears that the testator had the entire beneficial interest in all the property so held in trust. The whole income was to be paid to him during his life, and the jus disponendi was vested in him. It cannot be doubted that the testator intended to dispose of all of his property by will which could pass by devise or bequest. He makes specific provisions by legacies…
2Cited by13 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Hill v. ConradTexas Supreme Court · 1897
- Pitman v. PitmanMassachusetts Supreme Judicial Court · 1943
- South v. SouthIndiana Supreme Court · 1883
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