Simonds v. Simonds
Massachusetts Supreme Judicial Court
Bill in equity filed June 13, 1871, by Jonathan B. Simonds and George W. Simonds, trustees under the will of Jonathan Simonds against the nephews and nieces of the testator, praying for instructions.
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Bill in equity filed June 13, 1871, by Jonathan B. Simonds and George W. Simonds, trustees under the will of Jonathan Simonds against the nephews and nieces of the testator, praying for instructions. The case as it appeared upon the bill and answers, on which it was reserved by Morton, J., for the consideration of the full court, was as follows : The will was proved in February, 1835. At the time of his death the testator had two children, George W. Simonds and Albert Simonds, both of whom were unmarried and childless, and one of whom (Albert) was insane. At that time were also living Joshua…
1Opinion of the CourtMorton, J.
The plaintiffs seek the instruction of the court as to their duties as trustees under the wiE of Jonathan Simonds. When the wiE was made, and at the death of the testator, his only children were two sons, both of whom were chEdless. The general scheme and purpose of the testator, apparent from the wiE, was to divide the bulk of his estate into two parts, to give the use and income of one part to each of his sons during his life, and at his death to give such part to his issue should he leave any; but if both sons should die without issue, then to *162give the whole estate to the nephews and…
2Cases cited2 opinions
- Lovering v. WorthingtonMassachusetts Supreme Judicial Court · 1870
- Loring v. BlakeMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
- Dorr v. LoveringMassachusetts Supreme Judicial Court · 1888
- Merriam v. SimondsMassachusetts Supreme Judicial Court · 1876
- Hills v. SimondsMassachusetts Supreme Judicial Court · 1878
- Seaman v. HarmonMassachusetts Supreme Judicial Court · 1906
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