Bell v. Nesmith
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Middlesex on April 25, 1913, by the executors of the will of Eliza J. Bouton, late of Cambridge, who died on May 20, 1911, and who was one of the children of John Nesmith, late of Lowell, who died on October 15, 1869, joining as defendants the Treasurer and Receiver General of the Commonwealth, the State of New Hampshire and the trustees under the will of John Nesmith, and praying for instructions as to the meaning…
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Bill in equity, filed in the Probate Court for the county of Middlesex on April 25, 1913, by the executors of the will of Eliza J. Bouton, late of Cambridge, who died on May 20, 1911, and who was one of the children of John Nesmith, late of Lowell, who died on October 15, 1869, joining as defendants the Treasurer and Receiver General of the Commonwealth, the State of New Hampshire and the trustees under the will of John Nesmith, and praying for instructions as to the meaning and effect of the will and codicil of John Nesmith by which certain property was given or attempted to be given to the…
1Opinion of the CourtSheldon, J.
John Nesmith, hereinafter called the testator, bequeathed and devised the sum of $60,000 and certain real estate in Lowell to trustees, in trust, after the decease of his wife and children, “to pay over, deliver and assure the said estate and property . . to the State of New Hampshire in fee, to hold the same and apply the income thereof for the aid, support, maintenance and education of the indigent blind of said State, forever.” By a codicil to his will he directed that his trustees should not “deliver, make over or convey to the State of New Hampshire” either the real estate or the fund of…
2Cases cited13 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Wiggins Ferry Co. v. East St. LouisSupreme Court of the United States · 1883
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
- Santa Clara Female Academy v. SullivanIllinois Supreme Court · 1886
- Fellows v. MinerMassachusetts Supreme Judicial Court · 1876
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3Cited by5 opinions
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- Attorney General v. City of LowellMassachusetts Supreme Judicial Court · 1923
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- Newburyport Society for Relief of Aged Women v. President & Fellows of Harvard CollegeMassachusetts Supreme Judicial Court · 1941
- Frazier v. Merchants National BankMassachusetts Supreme Judicial Court · 1936