Greenwich Trust Co. v. Converse
Supreme Court of Connecticut
Suit to determine the construction of a clause of the will of Jessie M. Converse, of Greenwich, deceased, and the discretionary powers, if any, of the plaintiff, a successor trustee, brought to and reserved by the Superior Court in Fairfield County, Maltbie, /., upon the allegations of the complaint, admitted to be true, for the advice of this court.
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Suit to determine the construction of a clause of the will of Jessie M. Converse, of Greenwich, deceased, and the discretionary powers, if any, of the plaintiff, a successor trustee, brought to and reserved by the Superior Court in Fairfield County, Maltbie, /., upon the allegations of the complaint, admitted to be true, for the advice of this court. On September 3d, 1912, Jessie M. Converse of Greenwich died leaving a will, of which the fifth paragraph provided in part as follows: “I give and bequeath unto my executor hereinafter named whom I constitute as trustee for the purpose, the sum of…
1Opinion of the CourtBeach, J.
The answers to be given to all of the questions reserved, depend upon whether, and to what extent, the discretionary powers conferred on the executor and original trustee survive to the successor trustee appointed by the Court of Probate.
It is not to be expected that the authorities on the subject of the survival of discretionary powers conferred on testamentary trustees should furnish an inflexible rule as to what powers will or will not survive to a successor trustee in the absence of an express grant of the original power to the successors in trust; even though a uniform rule of…
2Cases cited8 opinions
- Russell v. HartleySupreme Court of Connecticut · 1910
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Peckham v. LegoSupreme Court of Connecticut · 1889
- Security Co. v. SnowSupreme Court of Connecticut · 1898
- Viele v. . KeelerNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jennings v. SmithCourt of Appeals for the Second Circuit · 1947
- Conway v. EmenySupreme Court of Connecticut · 1953
- Hays' Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
- Scullin v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1950
- Willis v. HendrySupreme Court of Connecticut · 1940
12 more not listed; retrieve them via the Exa API.