Loring v. Marshall

(dissenting, with whom Hennessey, C.J. joins). As the Attorney General argues, the event specified in Marian Hovey’s will as triggering the charities’ right to the trust principal occurred — Marian Hovey’s nephews died without leaving living appointees of the trust principal. Therefore, contrary to the court’s holding, the trustees should not be instructed to pay the principal to the executors of Cabot Jackson Morse, Jr.’s, estate. Rather, they should be instructed that “the whole trust fund shall be paid over and transferred in equal shares to the Boston Museum of Fine Arts, the…