Boston Safe Deposit & Trust Co. v. Luke
Massachusetts Supreme Judicial Court
• Bill in equity, filed in the Supreme Judicial Court on April 7,. 4914, by the trustee under the will of John W. Leighton, late of Brookline, seeking instructions as to whether the interest of the defendant Fannie Leighton Luke under the clause of the will quoted below passed to the trustee in bankruptcy of her estate. . The clause of the will in question was as follows : “Second: I give, devise and bequeath to the Boston Safe Deposit and Trust Company, a corporation duly…
Read the full summary
• Bill in equity, filed in the Supreme Judicial Court on April 7,. 4914, by the trustee under the will of John W. Leighton, late of Brookline, seeking instructions as to whether the interest of the defendant Fannie Leighton Luke under the clause of the will quoted below passed to the trustee in bankruptcy of her estate. . The clause of the will in question was as follows : “Second: I give, devise and bequeath to the Boston Safe Deposit and Trust Company, a corporation duly established under .the laws of the Commonwealth of Massachusetts and located at Boston, in said Commonwealth, the sum of…
1Opinion of the CourtLoring, J.
The trustee in bankruptcy seeks to take this case out of the decisions made in Billings v. Marsh, 153 Mass. 311, and Munroe v. Dewey, 176 Mass. 184, because the bankrupt’s equitable life interest in the case at bar was assignable.. There is nothing in the will which forbids the life tenant’s assigning her equitable life interest. It follows that it was assignable. Ames v. Clarke, 106 Mass. 573. Huntress v. Allen, 195 Mass. 226.
It is the contention of the trustee in bankruptcy that, being assignable, the life interest passed to him under § 70 a (5) of the bankrupt act, which provides that all…
2Cases cited5 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Huntress v. AllenMassachusetts Supreme Judicial Court · 1907
- Billings v. MarshMassachusetts Supreme Judicial Court · 1891
- Ames v. ClarkeMassachusetts Supreme Judicial Court · 1871
- Munroe v. DeweyMassachusetts Supreme Judicial Court · 1900
3Cited by13 opinions
- Commissioner of Corporations & Taxation v. Second National BankMassachusetts Supreme Judicial Court · 1941
- Brahmey v. RollinsSupreme Court of New Hampshire · 1935
- Fleming v. CasadySupreme Court of Iowa · 1926
- Haskell v. HaskellMassachusetts Supreme Judicial Court · 1920
- BLANEY v. COMMISSIONERUnited States Board of Tax Appeals · 1928
8 more not listed; retrieve them via the Exa API.