Legal Opinion

Welch v. Howard

Massachusetts Supreme Judicial Court

Decided May 26, 1917PublishedCited by 18 opinions

Bill in equity, filed in the Supreme Judicial Court on November 27, 1916, by the sole trustee under the will of Nathaniel Whiting, late of Watertown, who died on November 18, 1871, for instructions, containing the prayers which are quoted in the opinion.

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Bill in equity, filed in the Supreme Judicial Court on November 27, 1916, by the sole trustee under the will of Nathaniel Whiting, late of Watertown, who died on November 18, 1871, for instructions, containing the prayers which are quoted in the opinion. The will of Nathaniel Whiting was dated September 23, 1871. The fourth article of the will was as follow^: "Fourth: All the rest and residue of my property and estate, of every description, real, personal and mixed, of which I shall die seized, or to which I shall be entitled at the time of my decease, I give, devise and bequeath to John P.…

1Opinion of the CourtPierce, J.

This is a bill for instructions by the sole trustee under the will of Nathaniel Whiting. Specifically he asks: " (a) To what person or persons is the estate now held by the plaintiff as sole trustee under the will of said Nathaniel Whiting to be transferred and paid over and in what proportions? (b) Does the plaintiff under the terms of the will of said Nathaniel Whiting and independent of the provisions of R. L. c. 147, § 20, now hold for the purpose of distribution title to the real estate constituting part of the trust property held by the plaintiff under the will of said Nathaniel Whiting…

2Cases cited9 opinions

  1. Heard v. ReadMassachusetts Supreme Judicial Court · 1897
  2. Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
  3. McCurdy v. McCallumMassachusetts Supreme Judicial Court · 1904
  4. Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
  5. Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897

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3Cited by18 opinions

  1. Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
  2. Gilman v. Congregational Home Missionary SocietyMassachusetts Supreme Judicial Court · 1931
  3. Calder v. BryantMassachusetts Supreme Judicial Court · 1933
  4. Old Colony Trust Co. v. ClarkeMassachusetts Supreme Judicial Court · 1935
  5. McKay v. Audubon Society, Inc.Massachusetts Supreme Judicial Court · 1945

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

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