Peabody v. Cook
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Norfolk on February 11, 1908, by the trustee under the will of Isaac Cook, late of Brookline, for leave to sell real estate and to distribute the proceeds. Answers were filed by five children of the testator, alleging that they each should receive one fifth of the net proceeds of the sale; and by the widow, the wife of the testator by a second marriage, claiming one third of the net proceeds.
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Petition, filed in the Probate Court for the county of Norfolk on February 11, 1908, by the trustee under the will of Isaac Cook, late of Brookline, for leave to sell real estate and to distribute the proceeds. Answers were filed by five children of the testator, alleging that they each should receive one fifth of the net proceeds of the sale; and by the widow, the wife of the testator by a second marriage, claiming one third of the net proceeds. The case was heard in the Probate Court before Flint, J., who ordered the sale and a distribution among the five children only ; and the widow…
1Opinion of the CourtBugg, J.
This is a petition by the trustee under the will of Isaac Cook for leave to convert certain real and personal estate into cash, and to distribute the proceeds to such persons as may be entitled thereto under the provisions of the will. The trustees were directed, by the seventh and eighth clauses of the will, to hold certain real and personal property upon the trust, first to pay the income thereof to a grandson of the testator, William W. Cook, during his life, and to Frances A. Cook, his wife, if she survived him, during her life. The trust was to terminate upon the decease of the survivor…
2Cases cited12 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Brown v. WrightMassachusetts Supreme Judicial Court · 1907
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3Cited by9 opinions
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Tyler v. City Bank Farmers Trust Co.Massachusetts Supreme Judicial Court · 1943
- State Street Trust Co. v. SampsonMassachusetts Supreme Judicial Court · 1917
- Nesbit v. CandeMassachusetts Supreme Judicial Court · 1910
- Yerxa v. YoungmanMassachusetts Supreme Judicial Court · 1922
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