Berry v. Dunham
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court, as amended, on July 13, 1906, by the trustee under a contract made on February 15, 1879, by the Massachusetts Hospital Life Insurance Company with Arthur W. Austin, late of Milton, for the benefit of Henry W. Austin, his son, praying for instructions as to his duties as such trustee under the contract in connection with the sixth article of the will of Arthur W. Austin proved oh September 3, 1884. Also another bill in…
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Bill in equity, filed in the Supreme Judicial Court, as amended, on July 13, 1906, by the trustee under a contract made on February 15, 1879, by the Massachusetts Hospital Life Insurance Company with Arthur W. Austin, late of Milton, for the benefit of Henry W. Austin, his son, praying for instructions as to his duties as such trustee under the contract in connection with the sixth article of the will of Arthur W. Austin proved oh September 3, 1884. Also another bill in equity, filed in the Supreme Judicial Court on October 4,1907, by the trustees under the will of Arthur W. Austin, praying…
1Opinion of the CourtBraley, J.
Having previously purchased an annuity for the benefit of his son, Henry W. Austin, if he survived him, the testator when he came to dispose of his estate further provided, in the sixth clause of his will, that, if the income from the annuity did not annually produce the sum of $1,200, the deficiency should be supplied by the executors.
By the contract, to which express reference is made in this clause, the income was to be held in trust until its termination by the death of Henry, to whom no part of the capital was given. Sawyer v. Cook, 188 Mass. 163, 166. If instead of using the scheme of…
2Cases cited10 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Dana v. DanaMassachusetts Supreme Judicial Court · 1904
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
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3Cited by6 opinions
- Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
- Lancaster County Bank v. MarshelNebraska Supreme Court · 1936
- Wilcox v. Attorney GeneralMassachusetts Supreme Judicial Court · 1911
- Perabo v. GallagherMassachusetts Supreme Judicial Court · 1922
- Jones v. HarrisonCourt of Appeals for the Eighth Circuit · 1925
1 more not listed; retrieve them via the Exa API.