Hale v. Hale
Massachusetts Supreme Judicial Court
Bill in equity, filed May 31, 1882, by the executors of and trustees under- the will of Ezekiel J. M. Hale, to obtain the" instructions of the court as to the construction of the will of the testator, the second clause of which was as follows: “ Second.
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Bill in equity, filed May 31, 1882, by the executors of and trustees under- the will of Ezekiel J. M. Hale, to obtain the" instructions of the court as to the construction of the will of the testator, the second clause of which was as follows: “ Second. It is my will that within one year from the date of my decease the manufacturing business, which I have established at Groveland in the county of Essex and Commonwealth of Massachusetts, shall be closed up and discontinued, and that my woollen mills, situated at said Groveland, with the furnishings and machinery, both fixed and movable, used…
1Opinion of the CourtC. Allen, J.
The executors were by implication authorized to make sale of the property, under the direction in the will that it should be sold; they being bound by law, and also being directed by the will, to see to the application of the proceeds of the sale. Lippincott v. Lippincott, 4 C. E. Green, 121. Lewin on Trusts (7th ed.) 423. Perry on Trusts, § 501.
The requirement that the sale should be made within one year was not imperative, but only directory. The executors might, indeed, be responsible for the consequences of a delay; but, on looking through the will, there is nothing to show that their…
2Cited by6 opinions
- Hale v. HobsonMassachusetts Supreme Judicial Court · 1897
- Williams v. MorrisOregon Supreme Court · 1933
- Bayley v. SloperMassachusetts Supreme Judicial Court · 1928
- Ocheltree v. McDanielSuperior Court of Delaware · 1903
- Kennedy v. ManganCourt of Appeals for the D.C. Circuit · 1922
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