Legal Opinion

Brown v. French

Massachusetts Supreme Judicial Court

Decided October 3, 1878PublishedCited by 25 opinions

Appeal from a decree of the Probate Court, allowing the ac sount of Marshall W. French as trustee under the will of James Dimmick.

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Appeal from a decree of the Probate Court, allowing the ac sount of Marshall W. French as trustee under the will of James Dimmick. Hearing before Ames, J., who reported the case foi the consideration of the full court as follows : The appellant objected to two investments allowed by the Probate Court, one of $14,100 invested in Portland and Ogdensburg Railroad bonds, and one of $5500 invested in the promissory note of H. Fairbanks, chairman, secured by such bonds pledged as collateral security to twice the amount of the note. The will of James Dimmick, dated July 12, 1858, contained the…

1Opinion of the CourtGray, C. J.

In the leading case of Harvard College v. Amory, 9 Pick. 446, the testator directed his trustees to lend the trust fund upon ample and sufficient security, “ or to invest the same in safe and productive stock, either in the public funds, bank shares or other stock, according to their best judgment and discretion, hereby enjoining on them particular care and attention in the choice of funds, and in the punctual collection of the dividends, interest and profits thereof, and authorizing them to sell out, reinvest and change the said loans and stocks from time to time, as the safety and interest…

2Cited by25 opinions

  1. Lámar v. MicouSupreme Court of the United States · 1884
  2. Green v. CrapoMassachusetts Supreme Judicial Court · 1902
  3. New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
  4. DickinsonMassachusetts Supreme Judicial Court · 1890
  5. Kimball v. WhitneyMassachusetts Supreme Judicial Court · 1919

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