Legal Opinion

Green v. Hussey

Massachusetts Supreme Judicial Court

Decided November 27, 1917PublishedCited by 7 opinions

Petition, filed in the Probate Court for the county of Bristol on August 29,1916, by the trustees under the will of Sylvia Ann How-land, late of New Bedford, who died on July 2, 1865, for a decree authorizing the distribution of the trust fund held by them among the lineal descendants of Gideon Howland, late of Dartmouth, (who died on May 23,1823,) who were living at the death of Hetty Howland Robinson Green, the beneficiary for life under the trust, who died on July 3,…

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Petition, filed in the Probate Court for the county of Bristol on August 29,1916, by the trustees under the will of Sylvia Ann How-land, late of New Bedford, who died on July 2, 1865, for a decree authorizing the distribution of the trust fund held by them among the lineal descendants of Gideon Howland, late of Dartmouth, (who died on May 23,1823,) who were living at the death of Hetty Howland Robinson Green, the beneficiary for life under the trust, who died on July 3, 1916. It appeared that of the grandchildren of Gideon Howland there were on July 3, 1916, forty-five who either were living…

1Opinion of the CourtBraley, J.

The testatrix by the twelfth or residuary clause of her will created a trust the net income of which was to be paid to Hettie H. Robinson during her life, and upon her decease the trustees and their successors in office were directed and ordered to pay over, distribute and divide the whole of the residuary estate “to and among all the lineal descendants then living of my grandfather, Gideon Howland, and if all the lineal descendants aforesaid then living are in the same degree of kindred to the said Gideon Howland, they shall share the said Estate equally and shall be paid in equal shares;…

2Cases cited9 opinions

  1. Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
  2. Lessee of Levy v. McCarteeSupreme Court of the United States · 1832
  3. Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
  4. Thompson v. ThorntonMassachusetts Supreme Judicial Court · 1908
  5. Allen v. BoardmanMassachusetts Supreme Judicial Court · 1906

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3Cited by7 opinions

  1. Maud v. CatherwoodCalifornia Court of Appeal · 1945
  2. Evarts v. DavisMassachusetts Supreme Judicial Court · 1965
  3. Old Colony Trust Co. v. LothropMassachusetts Supreme Judicial Court · 1931
  4. Merrimack Valley National Bank v. GrantMassachusetts Supreme Judicial Court · 1967
  5. Wheeler v. MoultonMassachusetts Supreme Judicial Court · 1935

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