Packard v. Marshall
Massachusetts Supreme Judicial Court
Writ of entry, dated in October, 1883, to recover a parcel of land in Brockton. Plea, mil disseisin. Trial in the Superior Court, before Barker, J., who reported the case for the determination of this court, in substance as follows: Charles Packard died in June, 1851, seised and possessed of the demanded premises.
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Writ of entry, dated in October, 1883, to recover a parcel of land in Brockton. Plea, mil disseisin. Trial in the Superior Court, before Barker, J., who reported the case for the determination of this court, in substance as follows: Charles Packard died in June, 1851, seised and possessed of the demanded premises. He left a will, which was duly admitted to probate, and by which, after giving an annuity to his wife and several legacies to different persons, he devised the residue of his estate to three persons named, “ in trust, for the use and benefit of my son, Charles T. Packard, to be…
1Opinion of the CourtDevens, J.
The devise to trustees “ in trust for the use and benefit of my son Charles T. Packard, to be applied and appropriated to the use and benefit of said Charles T., at the discretion of my said trustees,” was of an estate in fee. This, under the well-established rule, that, when the devise is in trust, and the trust is of such a nature that it does or by possibility may require a legal estate in the trustee beyond that of an estate for his own life, then, without words of limitation in the devise, the trustee shall take a fee. To accomplish its purposes, the trustee must have a legal estate…
2Cited by11 opinions
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- Steele v. SteeleCalifornia Supreme Court · 1899
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- Saltmarsh v. SpauldingMassachusetts Supreme Judicial Court · 1888
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
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