Shaw v. Cordis
Massachusetts Supreme Judicial Court
Appeal, by the trustee under the will of Thomas Cordis,* from a decree of the Probate Court, disallowing an item in the trustee’s account of $221.65, being the “ Reserve of income of government bonds to cover principal toward reduction of premium.” Tbe case was heard by Field, J., and reserved for the determination of the full court; such decree to be entered as justice might require. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
If a testator leaves bonds which he owns to trustees, with direction or authority to hold the same, paying the interest to certain persons for life, with remainder over, the fact that such bonds are worth a premium at and after his death will not warrant the trustees in retaining any portion of the interest for the benefit of the remaindermen. To this extent, at *445least, the decisions heretofore made by this court agree. Hemenway v. Hemenway, 134 Mass. 446, 452. New England Trust Co. v. Eaton, 140 Mass. 532, 542, 543. In the present case, the testator did not own the bonds in question at the…
2Cases cited2 opinions
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- Hemenway v. HemenwayMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- McLouth v. . HuntNew York Court of Appeals · 1897
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
- New York Life Insurance & Trust Co. v. KaneAppellate Division of the Supreme Court of the State of New York · 1897
- Ballantine v. YoungNew Jersey Court of Chancery · 1908
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