Legal Opinion

Stearns v. Stearns

Massachusetts Supreme Judicial Court

Decided May 18, 1906PublishedCited by 9 opinions

Bill in equity, filed in the Probate Court for the county of Middlesex on January 2 and amended January 3, 1906, by the trustee under the will of Martha A. Brigham, late of Framing-ham, for instructions as to the disposition, under the seventh clause of that will which is quoted in the first paragraph of the opinion, of two thirds of the residue of the estate of the testatrix upon the death of Fred W. Richardson, who had "died after enjoying the income of the property during…

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Bill in equity, filed in the Probate Court for the county of Middlesex on January 2 and amended January 3, 1906, by the trustee under the will of Martha A. Brigham, late of Framing-ham, for instructions as to the disposition, under the seventh clause of that will which is quoted in the first paragraph of the opinion, of two thirds of the residue of the estate of the testatrix upon the death of Fred W. Richardson, who had "died after enjoying the income of the property during his life. The case was presented upon an agreed statement of facts, which concluded as follows: “ Fred W. Richardson…

1Opinion of the CourtKnowlton, C. J.

In the seventh clause of the will of Martha A. Brigham she disposed of the residue of her estate as follows: “ I give, devise and bequeath one third part to my niece Miss Kate E. Richardson, and the remaining two third parts to Frederick P. Stearns of Boston, Massachusetts, in trust and confidence, nevertheless, that he the said Stearns shall beep the said two thirds invested and from time to time, as he shall deem expedient, pay over the net income thereof to my nephew Fred W. Richardson.” Fred W. Richardson has deceased, and the question before us is whether he took an equitable fee which…

2Cases cited8 opinions

  1. Boston Safe Deposit & Trust Co. v. BuffumMassachusetts Supreme Judicial Court · 1904
  2. Hayward v. RoweMassachusetts Supreme Judicial Court · 1905
  3. Loomis v. GorhamMassachusetts Supreme Judicial Court · 1904
  4. Wynn v. BartlettMassachusetts Supreme Judicial Court · 1897
  5. Holden v. BlaneyMassachusetts Supreme Judicial Court · 1876

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3Cited by9 opinions

  1. Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
  2. Bragg v. LitchfieldMassachusetts Supreme Judicial Court · 1912
  3. Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
  4. Clarke v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1910
  5. Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947

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

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