Proctor v. Clark
Massachusetts Supreme Judicial Court
Bill in equity, filed February 8, 1890, by the trustee under the will of John T. Hancock, for instructions as to the disposition of a trust fund. The case was heard and reported by Holmes, J., for the consideration of the full court, and was as follows.
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Bill in equity, filed February 8, 1890, by the trustee under the will of John T. Hancock, for instructions as to the disposition of a trust fund. The case was heard and reported by Holmes, J., for the consideration of the full court, and was as follows. John T. Hancock, of Boston in this Commonwealth, died on October 7, 1881, and by his will, which was duly admitted to probate, in the fifth article directed his trustee in a certain event to convey certain land “ to my brother, Charles Henry Hancock of the State of Minnesota, if then living, but if he is not then living, then to convey the…
1Opinion of the CourtHolmes, J.
This is a bill for the construction of a clause in a Massachusetts will, which clause is the final disposition of a trust of the residue of the testator’s estate, “ real, personal, and mixed,” and is as follows: “ 3d. Upon the decease of my said wife, then to pay and convey in fee all the trust property, as it then exists, to my said brother, Charles Henry Hancock, if then living, but if he is not then living, then to convey the same in fee to his then heirs at law, whereupon this trust shall end.” The testator’s widow is dead. Charles Henry Hancock died *48before the widow, and the question is…
2Cases cited18 opinions
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
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3Cited by44 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
39 more not listed; retrieve them via the Exa API.