Legal Opinion

Ogden v. Allen

Massachusetts Supreme Judicial Court

Decided January 11, 1917PublishedCited by 12 opinions

Appeal by the executor of the will of Helen A. Thompson from a decree of the Probate Court allowing the second and third accounts of the surviving trustee under the will of James N. Thompson, late of Boston. The appeal was heard by Be Courcy, J., upon an agreed statement of facts. The material facts are stated in the opinion. The single justice reported the case for determination by the full court. The case was submitted on briefs.

1Opinion of the CourtCrosby, J.

The testator, James N. Thompson, died on February 12, 1909, leaving a widow, Helen A. Thompson, who, with the appellee, was appointed an executor and trustee under his will. The appellee is the surviving trustee. The widow died on January 30, 1914, and the appellant is the executor of her will.

*596By the terms of her husband’s will the widow was. given “from the net income of said trust property such sum or sums as she may in writing request of said trustees during her life not exceeding the sum of four thousand (4000) dollars in any one year.” She did not waive the provisions of the will, and in…

2Cases cited3 opinions

  1. Edwards v. EdwardsMassachusetts Supreme Judicial Court · 1903
  2. Jordan v. JordanMassachusetts Supreme Judicial Court · 1906
  3. Stone v. LittlefieldMassachusetts Supreme Judicial Court · 1890

3Cited by12 opinions

  1. Parkhurst v. GinnMassachusetts Supreme Judicial Court · 1917
  2. Creed v. ConnellyMassachusetts Supreme Judicial Court · 1930
  3. Harvard Trust Co. v. DukeMassachusetts Supreme Judicial Court · 1939
  4. McDonough v. MontagueMassachusetts Supreme Judicial Court · 1927
  5. Proctor v. WhiteDistrict Court, D. Massachusetts · 1939

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