Legal Opinion

Proctor v. Proctor

Massachusetts Supreme Judicial Court

Decided February 25, 1886PublishedCited by 9 opinions

Bill ik equity, filed March 21, 1884, against Sarah E. Proctor, Henry F. Proctor, and George A. Murray, trustees under the will of George K. Proctor, deceased, and Alice M. Proctor.

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Bill ik equity, filed March 21, 1884, against Sarah E. Proctor, Henry F. Proctor, and George A. Murray, trustees under the will of George K. Proctor, deceased, and Alice M. Proctor. The case was heard by Morton, C. J., and reported for the consideration of the full court, in substance as follows : It appeared in evidence that George K. Proctor died on July 27, 1882, leaving a widow, Sarah E. Proctor, one of the defendants, and two minor children, namely, Lillia F. Proctor, the plaintiff, and Alice M. Proctor. The family had lived together up to the time of the death of George K. Proctor, and…

1Opinion of the CourtC. Allen, J.

The income from the Produce Exchange Association, which the testator directs to be paid to his wife, “ to be for her support and the support of my children,” is to be received by her on a trust, and the children have a vested beneficial interest in it. Looking at other parts of the will, it appears that he gave to her the income from another piece of property, namely, his wharf property and privileges at the Willows on Salem Neck, without mentioning any purpose in relation to the children; which is. a significant circumstance, going to show that, in respect to the income from the Produce…

2Cases cited2 opinions

  1. Loring v. LoringMassachusetts Supreme Judicial Court · 1868
  2. Parker v. ParkerMassachusetts Supreme Judicial Court · 1879

3Cited by9 opinions

  1. Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1913
  2. McArthur v. . GordonNew York Court of Appeals · 1891
  3. Phelps v. PhelpsMassachusetts Supreme Judicial Court · 1887
  4. Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
  5. Clarke v. ClarkeSupreme Court of Alabama · 1944

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