Ripley v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court on October 24, 1911, by the heirs at law and next of kin of Jonathan Mann, late of Milton, against the trustees under his will and the Attorney General, praying that the trust attempted to be established by article 14 of the will, quoted in the opinion, be declared void and that the property held by the defendants by virtue of that article be declared to belong to the plaintiffs.
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Bill in equity, filed in the Probate Court on October 24, 1911, by the heirs at law and next of kin of Jonathan Mann, late of Milton, against the trustees under his will and the Attorney General, praying that the trust attempted to be established by article 14 of the will, quoted in the opinion, be declared void and that the property held by the defendants by virtue of that article be declared to belong to the plaintiffs. The will, as modified by a compromise agreement not affecting the terms of article 14, was allowed on April 5, 1893. The case was heard in the Probate Court by Flint, J.,…
1Opinion of the CourtBraley, J.
It is the duty of the trustees, in whom the legal title properly vested, to administer the provisions of the will as directed by the testator unless they are declared invalid by a court of competent jurisdiction. Hall v. Cushing, 9 Pick. 395. Codman v. Brigham, 187 Mass. 309, 314. And while, if no appeal had been taken, they would be protected by the probate decree setting aside the clause in question and establishing a resulting trust in favor of the heirs to whom the moneys forming the trust fund will be paid, nevertheless, they were persons “aggrieved” within the meaning of R. L. c. 162 §…
2Cases cited15 opinions
- New England Sanitarium v. Inhabitants of StonehamMassachusetts Supreme Judicial Court · 1910
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Little v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Waterbury Trust Co. v. PorterSupreme Court of Connecticut · 1944
- Thompson WillSupreme Court of Pennsylvania · 1965
- Glaser v. Congregation Kehillath IsraelMassachusetts Supreme Judicial Court · 1928
- Ellis v. HuntMassachusetts Supreme Judicial Court · 1917
- Waitt v. HarveyMassachusetts Supreme Judicial Court · 1942
13 more not listed; retrieve them via the Exa API.