Wheaton v. Batcheller
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the County of Suffolk on January 31, 1911, by the trustee under the will of Gilbert Cummings, late of Boston, for instructions as to the construction of the fourth clause of that will, which is quoted in the opinion, and the duties of the trustee in makiqg a distribution thereunder.
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Bill in equity, filed in the Probate Court for the County of Suffolk on January 31, 1911, by the trustee under the will of Gilbert Cummings, late of Boston, for instructions as to the construction of the fourth clause of that will, which is quoted in the opinion, and the duties of the trustee in makiqg a distribution thereunder. In the Probate Court George, J., made a decree that the whole of the income of the trust fund in question should be paid to the defendant Jane Maria Wheaton during her life as the only surviving child of the testator. The defendants Albert E. Cummings, Gilbert H.…
1Opinion of the CourtBraley, J.
By the third clause of his will, the testator created a trust for the benefit of his wife, and then under the fourth clause provided, that after her decease the principal still should be held in trust “to pay over and divide equally the net income thereof to and among my children,” who are specifically named, “for and during their lives respectively. And in case either of my said children shall have deceased leaving no issue living at the *225time of the decease of my said wife, then I direct that said net income shall be divided equally among my then surviving children. And in case either of my…
2Cases cited4 opinions
- Loring v. CoolidgeMassachusetts Supreme Judicial Court · 1868
- Dow v. DoyleMassachusetts Supreme Judicial Court · 1870
- Peabody v. TyszkiewiczMassachusetts Supreme Judicial Court · 1906
- Fiske v. EddyMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Walker v. First Trust & Savings BankCourt of Appeals for the Eighth Circuit · 1926
- Anderson v. BeanMassachusetts Supreme Judicial Court · 1915
- Loring v. DexterMassachusetts Supreme Judicial Court · 1926
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Clarke v. RathboneMassachusetts Supreme Judicial Court · 1915
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