Legal Opinion

Thorp v. Lund

Massachusetts Supreme Judicial Court

Decided June 27, 1917PublishedCited by 36 opinions

• Bill in equity, filed in the Supreme Judicial Court on December 17, 1912, and in its amended form on December 24, 1914, by Joseph G. Thorp of Cambridge, the trustee under an indenture of trust dated February 5, 1903, made with him as such trustee by Sara C. Bull, then of Cambridge, the widow of Ole Bull, for instructions.

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• Bill in equity, filed in the Supreme Judicial Court on December 17, 1912, and in its amended form on December 24, 1914, by Joseph G. Thorp of Cambridge, the trustee under an indenture of trust dated February 5, 1903, made with him as such trustee by Sara C. Bull, then of Cambridge, the widow of Ole Bull, for instructions. The case was heard by De Courcy, J., who at the request of the parties reserved it for determination by the full court and reported the evidence, which it was agreed should be taken as true with the power in the court to draw inferences of fact.

1Opinion of the CourtRugg, C. J.

1. This is a bill for instructions by a trustee under a written instrument of trust. It was executed by the sister of the plaintiff, who contemporaneously handed to him certain bonds and stocks to be held according to its terms. Two trust deeds were signed by the settlor, one dated on February 5,1903, and the other on February 25, 1903. The first was signed and delivered and at the same time all the securities were placed in the possession of the trustee. It did not require acknowledgment or record in order to be valid. There was no condition about its taking effect, and there was not…

2Cases cited23 opinions

  1. Jones v. HabershamSupreme Court of the United States · 1883
  2. Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
  3. Russell v. AllenSupreme Court of the United States · 1883
  4. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  5. City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909

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3Cited by36 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
  3. Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
  4. Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
  5. Wilson v. FlowersSupreme Court of New Jersey · 1971

31 more not listed; retrieve them via the Exa API.

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