Sells v. Delgado
Massachusetts Supreme Judicial Court
Bill in equity, filed October 16, 1903, by the trustee under the will of Ella A. Delgado, appointed in place of the trustees named in that will, for instructions as to his power to distribute one half of the trust fund to Marina Elena Parke, one of the children of the testatrix, who had attained the age of twenty-five years and had requested such distribution.
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Bill in equity, filed October 16, 1903, by the trustee under the will of Ella A. Delgado, appointed in place of the trustees named in that will, for instructions as to his power to distribute one half of the trust fund to Marina Elena Parke, one of the children of the testatrix, who had attained the age of twenty-five years and had requested such distribution. The case came on to be heard before Hammond, J., who at the request of the parties reserved it upon the bill and answers for determination by this court. The will of Ella A. Delgado contained the following clauses: “ Fifth: I give,…
1Opinion of the CourtBraley, J.
The general rule at law is that where a power is created and given in a will or deed by words that clearly indicate that the donor of the power placed special confidence in the donee, so that the element of personal choice or selection is found, then the exercise of such a power must be confined to and exercised by the person or persons thus selected, and ordinarily is not transmissible. Richardson v. Morey, 18 Pick. 181, 187. Shelton v. Homer, 5 Met. 462, 465. Tainter v. Clark, 13 Met. 220, 226. Greenough v. Welles, 10 Cush. 571, 575. White v. Ditson, 140 Mass. 351, 359.
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2Cases cited11 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Leggett v. . HunterNew York Court of Appeals · 1859
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Proctor v. HeyerMassachusetts Supreme Judicial Court · 1877
- Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
- Boston Safe Deposit & Trust Co. v. PrindleMassachusetts Supreme Judicial Court · 1935
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
24 more not listed; retrieve them via the Exa API.