Legal Opinion

Lawrence v. Phillips

Massachusetts Supreme Judicial Court

Decided June 27, 1904PublishedCited by 10 opinions

Bill in equity, filed July 20, 1903, by the trustee under the will of Maria L. Phillips, late of Swampscott, for instructions.

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Bill in equity, filed July 20, 1903, by the trustee under the will of Maria L. Phillips, late of Swampscott, for instructions. The case came on to be heard on the bill and answers before Loving, J., who decided that, according to the true construction of the will of the testatrix, the share of the trust fund to the income of which her son, Warren W. Phillips, was entitled during his life, was divisible only among the five children of the testatrix that survived him, the shares of her daughters to be held by the trustees upon the trusts provided in the will concerning the original shares, and…

1Opinion of the CourtLathrop, J.

By the fourth clause of the will of Maria L. Phillips the residue of her estate is given to trustees in trust to pay the net income in equal shares to the seven children named for life. The clause then proceeds as follows : “ In the event of the death of either of my said children, and as they may severally decease, I give, devise, and bequeath, his or her equal share in said trust fund, and any accumulated interest thereon, to his or her lawful issue, upon their arriving to the full age of twenty-one years, and in the event of the death of any of my said children, without lawful issue…

2Cases cited7 opinions

  1. Bowker v. BowkerMassachusetts Supreme Judicial Court · 1889
  2. Minot v. TaylorMassachusetts Supreme Judicial Court · 1880
  3. Stone v. BradleeMassachusetts Supreme Judicial Court · 1903
  4. Coveny v. McLaughlinMassachusetts Supreme Judicial Court · 1889
  5. Bigelow v. ClapMassachusetts Supreme Judicial Court · 1896

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

3Cited by10 opinions

  1. Clarke v. FayMassachusetts Supreme Judicial Court · 1910
  2. Mullaney v. MonahanMassachusetts Supreme Judicial Court · 1919
  3. Boston Safe Deposit & Trust Co. v. NevinMassachusetts Supreme Judicial Court · 1912
  4. Boston Safe Deposit & Trust Co. v. GoldthwaitMassachusetts Supreme Judicial Court · 1924
  5. Dary v. GrauMassachusetts Supreme Judicial Court · 1906

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

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