Nudd v. Powers
Massachusetts Supreme Judicial Court
Two bills IN equity, the first filed January 11, 1882, and the second May 1, 1882, to enforce trusts alleged to be created by the will of William D. Austin in favor of the plaintiff.
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Two bills IN equity, the first filed January 11, 1882, and the second May 1, 1882, to enforce trusts alleged to be created by the will of William D. Austin in favor of the plaintiff. The material parts of the will, which was dated June 20, 1878, were as follows: 6 6 After the payment of my just debts and funeral charges, I bequeath and devise as follows: “ 1st. To my beloved wife, Mary Austin, the cottage house where I now live, with the land extending back of the same to the westerly board fence ; to have and to hold the same to her for her natural life, and after her decease then to my…
1Opinion of the CourtHolmes, J.
The gifts to the plaintiff, in the second clause of her father’s will, of seven and five dollars a month out of the rents of certain houses, are not charged on the corpus of the fund. Beside the facts that only the income or rent purports to be charged, and that the payments are periodical, Scholefield v. Redfern, 2 Dr. & Sm. 173, which might not' be conclusive, the identical parcels of land are given to the defendants, Powers and Francis Austin respectively, for life, and, after the decease of the devisees and legatees named in the will, that is, of those defendants and the plaintiff, the…
2Cases cited4 opinions
- Gardner v. GardnerU.S. Circuit Court for the District of Rhode Island · 1823
- Thayer v. FinneganMassachusetts Supreme Judicial Court · 1883
- Aldrich v. BlakeMassachusetts Supreme Judicial Court · 1883
- Trustees of Amherst College v. SmithMassachusetts Supreme Judicial Court · 1883
3Cited by21 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Tucker v. FiskMassachusetts Supreme Judicial Court · 1891
- Kaliopulus v. LummCourt of Appeals of Maryland · 1928
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