McElwain v. Attorney General
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Hampshire on March 18, 1921, by the trustees under the will of Whiting Street, late of Northampton, for instructions.
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Bill in equity, filed in the Probate Court for the county of Hampshire on March 18, 1921, by the trustees under the will of Whiting Street, late of Northampton, for instructions. Material portions of the will of Whiting Street provided in substance as follows: "Item 5. I give and bequeath to the persons hereinafter named as Trustees under this Will, the sum of One Hundred and Twelve Thousand Five Hundred (112,500.) Dollars, to hold, strictly in trust, for the following uses and purposes, and subject to the following conditions and limitations, viz. “ 1st. To pay to the Inhabitants of the…
1Opinion of the CourtBraley, J.
This is a bill in equity brought by the trustees for instructions concerning the final distribution of the estate under the will of Whiting Street. The purpose and intention of the testator . will be considered under the discussion of the questions propounded in the record.
*117The first inquiry is, “Who are entitled to receive the increment or increase in the capital of the trust fund of $112,500?” The testator by the fifth item created a fund of $112,500 to be held in trust as shown by the seventh item during the life of the persons named in the sixth item, the net annual income thereof after…
2Cases cited14 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
- Minot v. BakerMassachusetts Supreme Judicial Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
- Chase v. Union National BankMassachusetts Supreme Judicial Court · 1931
- In re the account of Trustress under the Will of HoustonCourt of Chancery of Delaware · 1933
- Davis v. WitcherCalifornia Court of Appeal · 1946
- Warren v. MorrisMassachusetts Supreme Judicial Court · 1924
1 more not listed; retrieve them via the Exa API.