Hayward v. Rowe
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Bristol on November 13, 1903, by the trustee under the will of George W. Safford, late of Easton, for instructions as to the distribution of a legacy of $500 under the second paragraph of that will, which is quoted in the opinion.
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Bill in equity, filed in the Probate Court for the county of Bristol on November 13, 1903, by the trustee under the will of George W. Safford, late of Easton, for instructions as to the distribution of a legacy of $500 under the second paragraph of that will, which is quoted in the opinion. In the Probate Court Fuller, J. made a decree that as to the fund given by the second paragraph of the will for the benefit of Mary J. Witherell, that beneficiary “ was the sole equitable owner thereof and the title thereto now belongs to her administrator.” William J. Safford, a son of the testator,…
1Opinion of the CourtBraley, J.
By the testator’s will in clause fourteen his housekeeper is given the household goods and furniture, while by the second clause she receives a pecuniary bequest in these words, “To Mary J. Witherell, my housekeeper $500 to be in trust of my executor and put in savings bank, the income to be paid to her yearly, and the executor can draw this money, and buy a cheap place for her to occupy during her life if he thinks it would be for her good.” She having died leaving the principal of the fund unimpaired, or unconverted by the trustee, we are asked to determine whether it shall be paid to her…
2Cases cited6 opinions
- Saunderson v. StearnsMassachusetts Supreme Judicial Court · 1809
- Chauncey v. FrancisMassachusetts Supreme Judicial Court · 1902
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1882
- Lewis v. ShattuckMassachusetts Supreme Judicial Court · 1899
- Boston Safe Deposit & Trust Co. v. MixterMassachusetts Supreme Judicial Court · 1888
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3Cited by15 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Bragg v. LitchfieldMassachusetts Supreme Judicial Court · 1912
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
- Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947
10 more not listed; retrieve them via the Exa API.