Bowker v. Pierce
Massachusetts Supreme Judicial Court
Appeal from a decree of the. Probate Court, allowing the third account of the appellee, as trustee of certain property given by the will of Daniel Stoddard for the benefit of the daughters of the testator. Hearing before Colt, J., who was of opinion that the decree should be affirmed, but, at the request of the appellants, reported the case for the consideration of the full court; such decree to be entered as law and justice might require. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
One of the appellants, Martha A. Pierce, filed as one of her reasons of appeal that the amounts charged by the trustee for his compensation are excessive. It appeared at the hearing that the appellant and her sister Elizabeth, the other cestui que trust, had great confidence in the appellee and a strong preference for him as trustee, and Elizabeth agreed, in consideration of his assuming the trust, that he should receive for his services three hundred dollars a year, and the appellant ratified this agreement.
Such an agreement with cestuis que trust, who are sui juris and competent to act, is…
2Cases cited1 opinion
- Brown v. FrenchMassachusetts Supreme Judicial Court · 1878
3Cited by29 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- New England Trust Co. v. PaineMassachusetts Supreme Judicial Court · 1945
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
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