Loring v. Carnes
Massachusetts Supreme Judicial Court
Bill in equity, filed June 2, 1887, by the trustee under the will of Mary Wadsworth, against the descendants of Francis Carnes, her nephew, the administrator of Henry N. Carnes, his son, Charles R. Weeks, trustee of Emmeline C. Baxter, his grandchild, and the Central Trust Company of New York, for instructions as to the distribution of a trust fund. The case was heard by Q. Allen, J., who reported it for the consideration of the full court, in substance as follows.
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Bill in equity, filed June 2, 1887, by the trustee under the will of Mary Wadsworth, against the descendants of Francis Carnes, her nephew, the administrator of Henry N. Carnes, his son, Charles R. Weeks, trustee of Emmeline C. Baxter, his grandchild, and the Central Trust Company of New York, for instructions as to the distribution of a trust fund. The case was heard by Q. Allen, J., who reported it for the consideration of the full court, in substance as follows. The testatrix died in 1843, leaving a will, dated April 4,1840, in which, after trifling legacies to various persons, she gave…
1Opinion of the CourtMorton, C. J.
By her will, the testatrix gives one half of the residue of her estate to a trustee, “ in trust for the sole and separate use of Emma E. Carnes, wife of said Francis, independently of any husband, during her natural life, and at her decease to permit the said Francis to use, receive, and enjoy the income accruing therefrom during his natural life, and at his decease to transfer and convey the said trust estate to his children and their heirs.” This gives an equitable life estate to Mrs. Carnes, and to her husband if he survives her, with a remainder to his children. The children are not to…
2Cases cited4 opinions
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Dodd v. WinshipMassachusetts Supreme Judicial Court · 1887
- Dorr v. LoveringMassachusetts Supreme Judicial Court · 1888
- Merriam v. SimondsMassachusetts Supreme Judicial Court · 1876
3Cited by10 opinions
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
- Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Commissioner of Corporations & Taxation v. Second National BankMassachusetts Supreme Judicial Court · 1941
- Peck v. CarltonMassachusetts Supreme Judicial Court · 1891
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