Cushing v. Burrell
Massachusetts Supreme Judicial Court
Bill in equity by the trustees under the will of Silas Peirce, to obtain the instructions of the court as to the construction of the eighth clause of the will of the testator.
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Bill in equity by the trustees under the will of Silas Peirce, to obtain the instructions of the court as to the construction of the eighth clause of the will of the testator. By this clause the testator devised the residue of his property to his nephews Hayward P. Cushing, Nathan Cushing, and Silas Peirce 2d, in trust “ that they shall pay to the children of my deceased brother Bailey Peirce, namely, Eliza Burrell, Sarah Cole, and Abby C. Peirce, to the children of my deceased sister Beckey Lincoln, namely, Betsey Peirce Donnelly and Hannah Jane Smith, to the children of my deceased brother…
1Opinion of the CourtColburn, J.
The bill in this case raises the question of the construction to be put upon certain provisions in the eighth clause of the will of Silas Peirce.
That portion of this clause upon which the first question is raised is as follows: " They [the trustees] shall annually divide and distribute the residue of the net income of said trust property and estate, which shall remain after the foregoing provisions of this trust have been fulfilled, among my nephews and nieces in the first degree, in such proportions, not however exceeding five hundred dollars to any one in the same year, so long as the whole…
2Cases cited2 opinions
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
- Ayer v. AyerMassachusetts Supreme Judicial Court · 1880
3Cited by9 opinions
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Will of LeitschWisconsin Supreme Court · 1924
- Grainger's Ex'rs Trustees v. PennebakerCourt of Appeals of Kentucky (pre-1976) · 1932
- Equitable Trust Co. v. KentCourt of Chancery of Delaware · 1917
- Equitable Guarantee & Trust Co. v. McCurdyCourt of Chancery of Delaware · 1916
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