Legal Opinion

Bennett v. Pierce

Massachusetts Supreme Judicial Court

Decided May 19, 1905PublishedCited by 23 opinions

Appeal from a decree made by Grant, J., in tbe Probate Court for the county of Suffolk, charging the trustees under the will of Moses Day, successors in that capacity of Frederick Davis, deceased, and also the executors under the will of Frederick Davis, with interest to be allowed to Louisa H. Pierce, the beneficiary for life of the trust, on the amounts paid to the principal of the trust fund by the trustee's under a previous decree of the Probate Court made on January 10,…

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Appeal from a decree made by Grant, J., in tbe Probate Court for the county of Suffolk, charging the trustees under the will of Moses Day, successors in that capacity of Frederick Davis, deceased, and also the executors under the will of Frederick Davis, with interest to be allowed to Louisa H. Pierce, the beneficiary for life of the trust, on the amounts paid to the principal of the trust fund by the trustee's under a previous decree of the Probate Court made on January 10, 1901, and confirmed by the decision of this court in Davis, appellant, reported in 183 Mass. 499, the amount of…

1Opinion of the CourtBraley, J.

The discretionary powers given to the trustees under the will of Moses Day to invest and reinvest the trust estate were before this court for consideration in Davis, appellant, 183 Mass. 499, 502, where it was held, affirming the decree of the Probate Court, that certain investments in the stock and bonds of the Atchison, Topeka and Santa Fé Railroad Company, made by him as a predecessor in office of the appellants, were unauthorized. From the record of that case, and the recitals in the claim of appeal in the present case, it is to be assumed that pending his appeal Davis died testate, and…

2Cases cited12 opinions

  1. Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
  2. DavisMassachusetts Supreme Judicial Court · 1903
  3. Blake v. PegramMassachusetts Supreme Judicial Court · 1872
  4. Blake v. PegramMassachusetts Supreme Judicial Court · 1869
  5. Dodd v. WinshipMassachusetts Supreme Judicial Court · 1887

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

3Cited by23 opinions

  1. Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
  2. Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
  3. Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
  4. Turner v. MorsonMassachusetts Supreme Judicial Court · 1944
  5. Chopelas v. ChopelasMassachusetts Supreme Judicial Court · 1939

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

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