Heard v. Eldredge
Massachusetts Supreme Judicial Court
Appeal from the allowance by the judge of probate cf an account filed in February 1871 by the appellees, John T. Heard and Edward D. Sohier, as trustees under the will of John W. Trull, who died in 1867 and devised the residue of his estate to them in trust “to receive and collect the income and produce thereof, and, after deducting all needful and proper costs, charges and expenses, to pay the residue of said income from time to y time” to the appellant, Elizabeth Eldredge,…
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Appeal from the allowance by the judge of probate cf an account filed in February 1871 by the appellees, John T. Heard and Edward D. Sohier, as trustees under the will of John W. Trull, who died in 1867 and devised the residue of his estate to them in trust “to receive and collect the income and produce thereof, and, after deducting all needful and proper costs, charges and expenses, to pay the residue of said income from time to y time” to the appellant, Elizabeth Eldredge, who was the testator’s daughter. The will gave the trustees “ full power and authority to invest, reinvest and change…
1Opinion of the CourtChapman, C. J.
The appellees, as trustees under the will of John W. Trull, became proprietors of twenty-nine shares of stock in the Lewis Wharf Company. Its property consisted of real estate in Boston ; and its income consisted of rents and wharfage. The city authorities took a part of the real estate, by right of eminent domain, for the laying out of Atlantic Avenue ; and have paid the corporation therefor $185,000. The directors have divided $75,000 of this money among the stockholders, and reserved the balance. Mrs. Eldredge, the appellant, contends that this dividend belongs to her as income; but the…
2Cases cited3 opinions
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- Leland v. HaydenMassachusetts Supreme Judicial Court · 1869
- Daland v. WilliamsMassachusetts Supreme Judicial Court · 1869
3Cited by35 opinions
- Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
- McLouth v. . HuntNew York Court of Appeals · 1897
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Thomas v. GreggCourt of Appeals of Maryland · 1894
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