Farmers' & Mechanics' Savings Bank v. Brewer
Supreme Court of Connecticut
Bill in equity. Cornelia S. Wyllis died on the 5th of July, 1849, leaving a will, by which, after giving to her son, William H. Wyllis, $5000, to be paid in part on his arriving at the age of twenty-one years, and the remainder on his arriving at the age of twenty-five, she created a trust with regard to the remainder of her property, as follows: ‘ I give, devise and bequeath all the rest and residue of my estate, wheresoever the same may be situate, and of whatsoever it may…
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Bill in equity. Cornelia S. Wyllis died on the 5th of July, 1849, leaving a will, by which, after giving to her son, William H. Wyllis, $5000, to be paid in part on his arriving at the age of twenty-one years, and the remainder on his arriving at the age of twenty-five, she created a trust with regard to the remainder of her property, as follows: ‘ I give, devise and bequeath all the rest and residue of my estate, wheresoever the same may be situate, and of whatsoever it may consist, to my honored mother, Mrs. Betsey Lathrop, upon the special trust following, that is to say: that the rents,…
1Opinion of the CourtHinman, J.
The right of the plaintiffs to a decree in their favor, depends upon the title which the defendant, William H. Wyllis, took to the income arising from that portion of the estate of his mother-which was vested in a trustee for his and his children’s benefit. If, as the defendants claim, the trustee under the will of Mrs. Wyllis took the entire estate, both legal arid equitable, leaving to her son nothing but such portion of the income as the trustee, in his discretion, should see fit to allow or pay over to him, from time to time, then, undoubtedly, his beneficial interest would' be so…
2Cited by8 opinions
- Martin v. DavisIndiana Supreme Court · 1882
- Nunn v. Titche-Goettinger Co.Texas Commission of Appeals · 1922
- Caldwell v. BoydIndiana Supreme Court · 1887
- Easterly v. KeneySupreme Court of Connecticut · 1869
- Gillette v. StewartSupreme Court of Connecticut · 1929
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