Loring v. Blake
Massachusetts Supreme Judicial Court
Bill in equity by trustees under the will of Joshua Blake, and the trustee under the will , of Sally Blake, widow of said Joshua, to obtain instructions as to their duty upon the following facts, which were agreed by all the parties : Joshua Blake died in December 1843, leaving a will by which he devised the residue of his estate to trustees, in trust, to invest the same as therein provided, and during the life of his wife Sally Blake, and so long as she should continue his…
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Bill in equity by trustees under the will of Joshua Blake, and the trustee under the will , of Sally Blake, widow of said Joshua, to obtain instructions as to their duty upon the following facts, which were agreed by all the parties : Joshua Blake died in December 1843, leaving a will by which he devised the residue of his estate to trustees, in trust, to invest the same as therein provided, and during the life of his wife Sally Blake, and so long as she should continue his widow, to pay the net income thereof to her, for her own sole use; with a different provision in case she should marry…
1Opinion of the CourtWells, J.
The only question which seems now to arise, in regard to the estate of Mrs. Blake, is whether the limitations she has provided are void for remoteness. In order to give all those provisions effect, may it require, in any contingency, that the ultimate disposition of the estate should remain in suspense for a period beyond lives in being and twenty-one years ?
The trustees are to hold during the life of each child, and of any surviving husband or wife. Upon the decease of any child, “ without a husband or wife, or upon the subsequent decease of such husband or wife,” the trustees are “ to hold…
2Cited by16 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
- State Street Trust Co. v. CrockerMassachusetts Supreme Judicial Court · 1940
- Seaver v. FitzgeraldMassachusetts Supreme Judicial Court · 1886
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