Legal Opinion

Proctor v. Heyer

Massachusetts Supreme Judicial Court

Decided May 4, 1877PublishedCited by 23 opinions

Bill nr equity, filed October 24, 1876, by Thomas P. Proctor and William W. Warren, trustees under the will of William A. Heyer, against the widow of the testator, his mother and children, to obtain the instructions of the court.

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Bill nr equity, filed October 24, 1876, by Thomas P. Proctor and William W. Warren, trustees under the will of William A. Heyer, against the widow of the testator, his mother and children, to obtain the instructions of the court. The will of the testator, which was dated March 7,1874, and admitted to probate on August 28, 1876, after directing the payment of his debts and funeral expenses, and making certain specific bequests, gave, devised and bequeathed the remainder of his estate, real, personal and mixed, to Thomas P. Proctor and Francis Jones, in trust for the following purposes : “…

1Opinion of the CourtColt, J.

The plaintiffs, trustees under the will of William A. Heyer, ask the direction of this court in the discharge of their trust. By the terms of the will, full power is given to them, as trustees, to sell the real estate devised “ on such terms and in such manner, and at such time or times, as they may think most advisable.” From the proceeds of the estate they are required to set apart funds for the benefit of the testator’s wife and mother, the incomes of which are to be paid to them, respectively, during life. The whole estate goes ultimately to the children and heirs at law.

The estate is…

2Cited by23 opinions

  1. Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
  2. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
  3. Richardson v. HallMassachusetts Supreme Judicial Court · 1878
  4. Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
  5. McMahon v. KrapfMassachusetts Supreme Judicial Court · 1948

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