Legal Opinion
McGilvery v. McGilvery
Supreme Judicial Court of Maine
Decided June 2, 1956PublishedCited by 2 opinions
1Opinion of the CourtWilliamson, J.
On appeal. This is a bill in equity by a trustee for construction of a testamentary trust and for instructions. The problem is whether profits from a business conducted by the testator and continued by the trustee should be distributed as income or added to the capital of the trust.
In our view from a close study of the record the decree appealed from was not a final decree, and hence the appeal was prematurely brought. It follows that the case should be remanded for further action below. R. S., c. 107, § 21. In Sawyer v. White, 125 Me. 206, at 208, 132 A. 421, the court said:
“A final decree…
2Cases cited10 opinions
- Bank of Rondout v. SmithSupreme Court of the United States · 1895
- Dainese v. KendallSupreme Court of the United States · 1886
- Forbes v. TuckermanMassachusetts Supreme Judicial Court · 1874
- New England Trust Company v. SangerSupreme Judicial Court of Maine · 1955
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re Estate of CassidySupreme Judicial Court of Maine · 1973
- Vickery v. GarretsonDistrict of Columbia Court of Appeals · 1987