Danahy v. Noonan
Massachusetts Supreme Judicial Court
Bill in equity, praying for the termination of a trust under the first clause of the will of James J. O’Brien, which is as follows : “ All my property, real and personal, to my mother, Mary O’Brien, for the education and support of my daughter, Mary A. O’Brien.”
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Bill in equity, praying for the termination of a trust under the first clause of the will of James J. O’Brien, which is as follows : “ All my property, real and personal, to my mother, Mary O’Brien, for the education and support of my daughter, Mary A. O’Brien.” At the trial, before Knowlton, J., it appeared that Mary A. O’Brien, now Mary A. Danahy, and Edmund F. O’Brien were the only children of the testator, and that Edmund F. O’Brien had executed and delivered a deed of release to the plaintiff of all his interest, if any, under the will in and to the trust property. „ The judge reserved…
1Opinion of the CourtLathrop, J.
Whether Mary A. O’Brien took the whole equitable estate by the will or acquired it later by the conveyance from her brother of any interest that he might have in the trust property is immaterial. If her brother had any interest, it was subordinate to the trustee’s right and duty to apply as much of the property as he deemed necessary to Mary A. O’Brien’s support. The acquisition of her brother’s interest did not affect this paramount right and duty. The trust is an active trust, requiring the exercise of discretion on the part of the trustee. Therefore it is not to be terminated at the will…
2Cases cited2 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Young v. SnowMassachusetts Supreme Judicial Court · 1897
3Cited by13 opinions
- Closset v. BurtchaellOregon Supreme Court · 1924
- Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
- Hill v. HillSupreme Court of Oklahoma · 1915
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Lathrop v. MerrillMassachusetts Supreme Judicial Court · 1910
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