Thayer v. Rivers
Massachusetts Supreme Judicial Court
Bill for instructions brought by the trustees under the will of Rosalie G. Russell, as to their duties under the ninth clause of that will which purported to be in execution of a power of appointment given to Rosalie G. Russell by the will of her mother, Lydia Smith Russell, filed October 10, 1900. The facts as set forth in the bill and admitted by the answers were as follows: Lydia Smith Russell, widow, late of Milton, died December 19, 1859, leaving a will and four…
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Bill for instructions brought by the trustees under the will of Rosalie G. Russell, as to their duties under the ninth clause of that will which purported to be in execution of a power of appointment given to Rosalie G. Russell by the will of her mother, Lydia Smith Russell, filed October 10, 1900. The facts as set forth in the bill and admitted by the answers were as follows: Lydia Smith Russell, widow, late of Milton, died December 19, 1859, leaving a will and four codicils which were proved in the Probate Court for the county of Norfolk March 31, 1860. The testatrix left surviving her…
1Opinion of the CourtKhowltoH, J.
The first question that arises in this case relates to the effect of that part of the ninth clause of the will of Rosalie G. Russell, which, after appointing the income for life of the property to which she was entitled under the will of her mother to the three children of her sister Geraldine, in equal shares, purports to give the remainder after the death of each of them, “ to such uses and for or to such person or persons, not including George C. Sheffield, ... as the decedent may by last will and testament, and notwithstanding any coverture, direct and appoint.”
It is a familiar rule of…
2Cited by10 opinions
- Fiduciary Trust Co. v. First National Bank of Colorado SpringsMassachusetts Supreme Judicial Court · 1962
- Hooper v. HooperMassachusetts Supreme Judicial Court · 1909
- Lamkin v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1949
- Decharette v. DecharetteCourt of Appeals of Kentucky (pre-1976) · 1936
- De Charette v. De CharetteCourt of Appeals of Kentucky · 1936
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