Olney v. Balch
Massachusetts Supreme Judicial Court
Bill in equity, by the trustees under the will of Sally Hammond, for instructions as to the distribution of a part of a trust estate. The case was heard, and reserved for the consideration of the full court, and was as follows. The five living daughters of Sally Hammond, the executors and trustees and appointees under the will of a deceased daughter, Sally S. Pickering, and all of the living grandchildren of Sally Hammond, were made parties defendant.
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Bill in equity, by the trustees under the will of Sally Hammond, for instructions as to the distribution of a part of a trust estate. The case was heard, and reserved for the consideration of the full court, and was as follows. The five living daughters of Sally Hammond, the executors and trustees and appointees under the will of a deceased daughter, Sally S. Pickering, and all of the living grandchildren of Sally Hammond, were made parties defendant. A guardian ad litem was appointed to represent persons unascertained and not in being. By her will the testatrix gave the greater part of, her…
1Opinion of the CourtAllen, J.
Upon an examination of the various provisions of this will, which are thought to be somewhat inconsistent with each other, we are brought to the conclusion that, by the second clause of the seventh paragraph, the testatrix gave to each daughter authority to dispose by will of her proportion of the principal of the trust estate, to take effect only in the event that such daughter should die without issue. This authority might be qualified by the right of George to receive one thousand dollars annually, from the income of the whole property left in trust, during his life ; but as he died before…
2Cases cited2 opinions
- Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
- O'Donnell v. BarbeyMassachusetts Supreme Judicial Court · 1880
3Cited by28 opinions
- Greenough v. OsgoodMassachusetts Supreme Judicial Court · 1920
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Minot v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1911
- Emmons v. ShawMassachusetts Supreme Judicial Court · 1898
- Hill v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1918
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