Legal Opinion

Lovett v. Farnham

Massachusetts Supreme Judicial Court

Decided June 15, 1897PublishedCited by 42 opinions

Bill in equity, filed February 1,1897, by a trustee, to obtain the instructions of the court as to the disposition of a trust fund in his hands. Hearing before Barker, J., who reserved the case, upon the bill and the answers, for the determination of the full court. The facts appear in the opinion, and in notes by the reporter.

1Opinion of the CourtBarker, J.

No power of revocation is reserved to the original owner of the property put in trust by the instrument of April 21,1891. The stipulation that the trustee shall pay over to her “ such portion of the principal as she in her judgment may deem necessary for her comfort and support,” is not a power of revocation, but an agreement for the performance of the trust in a way. declared by the instrument itself.* If he pays over to her the whole principal upon its being deemed necessary by her for her comfort and support, she has not revoked the trust, but has required its performance, and the trustee…

2Cases cited16 opinions

  1. Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
  2. Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
  3. Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
  4. Taylor v. ButtrickMassachusetts Supreme Judicial Court · 1896
  5. Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880

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3Cited by42 opinions

  1. Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
  2. National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
  3. Allen v. HendrickOregon Supreme Court · 1922
  4. Dana v. DanaMassachusetts Supreme Judicial Court · 1904
  5. Stocker v. FosterMassachusetts Supreme Judicial Court · 1901

37 more not listed; retrieve them via the Exa API.

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