Jones v. Foote
Massachusetts Supreme Judicial Court
Bill in equity, by the trustee under the will of David Brown, to obtain the instructions of the court as to the construction of the will, the fifth clause of which was as follows: “ Fifth. I give and bequeath and devise all the rest and residue of my property to my said executor’, in trust for the maintenance and education of my two youngest children, Albert P. and Grace C. Brown.”
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Bill in equity, by the trustee under the will of David Brown, to obtain the instructions of the court as to the construction of the will, the fifth clause of which was as follows: “ Fifth. I give and bequeath and devise all the rest and residue of my property to my said executor’, in trust for the maintenance and education of my two youngest children, Albert P. and Grace C. Brown.” The bill alleged that the will was admitted to probate on March 28, 1876; that the plaintiff was, on June 8, 1880, appointed trustee of the estate then remaining, given in trust by the fifth clause of the will for…
1Opinion of the CourtW. Allen, J.
The question presented is whether, under the fifth clause of the will, the two youngest children take equally, or whether the executor is to apply the property to the maintenance and education of both or either one of them at his discretion.
*545We think that the clause constitutes a legacy to the two children in trust, and that they take equal interests under it. It is not a bequest to the head of a family for the support of his family, or to a trustee for the support of the family of the testator; but it is a legacy by a father for the maintenance and education of two of his children by name. We…
2Cited by4 opinions
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