Federhen v. Kibbey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 23, 1909, by Herbert M. Federhen, trustee under the will of John Federhen, for instructions as to the proper disposition, under the provisions of that will which are quoted in the opinion, of certain accumulated income in his hands as such trustee derived from the share of John Federhen, 3d, a son of John Federhen and mentioned in such provision as his son John.
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Bill in equity, filed in the Supreme Judicial Court on February 23, 1909, by Herbert M. Federhen, trustee under the will of John Federhen, for instructions as to the proper disposition, under the provisions of that will which are quoted in the opinion, of certain accumulated income in his hands as such trustee derived from the share of John Federhen, 3d, a son of John Federhen and mentioned in such provision as his son John. The case came on to be heard before Braley, J., who reserved it upon the pleadings for determination by the full court.
1Opinion of the CourtMorton, J.
John Federhen, senior, died on July 30, 1898, leaving a will dated December 16, 1895, which was duly admitted to probate. At the time of the making of the will the testator had five children, all of whom were married and had children except the son Henry. The will left all of the testator’s real estate to his son Herbert, in trust, for the term of ten years, the income remaining after the payment of charges and expenses to be divided during said term in certain proportions amongst the five children. Then follows the clause which has led to the bringing of this bill, namely: “At the expiration…
2Cases cited2 opinions
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Morse v. BallouSupreme Judicial Court of Maine · 1912
- Old Colony Trust Co. v. KennardMassachusetts Supreme Judicial Court · 1956