Hammond v. Whittredge
Supreme Court of the United States
ERROR TO THE SUPREME JUDICIAL COURT OF THE STATE OF MASSACHUSETTS. The defendant in error Whittredge, who was-.trustee of, certain property held in trust under the’ will of Solon O'. Richardson, who died in 1873, filed this bill for instructions in the Supreme Judicial Court of the State of Massachusetts.
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ERROR TO THE SUPREME JUDICIAL COURT OF THE STATE OF MASSACHUSETTS. The defendant in error Whittredge, who was-.trustee of, certain property held in trust under the’ will of Solon O'. Richardson, who died in 1873, filed this bill for instructions in the Supreme Judicial Court of the State of Massachusetts. There was bequeathed by said will $35,000, on the following trusts: “The income to be paid to his three sisters for life, namely, Mary A. Sweetser, Martha Hutchinson and Louisa Richardson; and'at the decease of my said sisters, or either of them, my will is that the share belonging to the…
1Opinion of the CourtJustice McKenna
A motion is made to dismiss, which, we think, should be denied. Plaintiff in error sets up rights under § 5057 Rev. Stat., which were adjudged against him. The court said:
“The defendant Hammond admits that when the testator died Elbridge had either a vested remainder in one-half of the trust fund of $25,000 subject to the life estates created by this item- of the will, and subject to the class being opened on the birth of further child or children of the life tenants, or a vested interest in a contingent remainder, and that ‘in either case’ his interest was ‘assignable.’
“ His contention,…
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- Colby v. ShuteMassachusetts Supreme Judicial Court · 1914
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