Viney v. Abbott
Massachusetts Supreme Judicial Court
Bill m EQUITY, filed on October 18,1870, by William Viney, against the trustee and all persons who might claim or wish to claim any interest in or under a sealed indenture made by and between said Viney and James C. Abbott on May 24, 1870, to set aside the trusts declared in said indenture, wherein by mutual covenants, without any other expressed consideration, certain shares in the stock of banks and manufacturing corporations were transferred by Viney to be held by Abbott…
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Bill m EQUITY, filed on October 18,1870, by William Viney, against the trustee and all persons who might claim or wish to claim any interest in or under a sealed indenture made by and between said Viney and James C. Abbott on May 24, 1870, to set aside the trusts declared in said indenture, wherein by mutual covenants, without any other expressed consideration, certain shares in the stock of banks and manufacturing corporations were transferred by Viney to be held by Abbott in trust to apply the income, so long as Viney should live, “ for his maintenance, support and comfort, and for the…
1Opinion of the CourtGbay, J.
The settlement in trust of the personal property of William Viney is admitted to have been voluntarily made by him, being of sufficient mental capacity, and without fraud or undue influence. There is no evidence of its having been executed under any mistake. It is not an assignment in trust for the benefit of creditors; but the trusts declared in it are, to apply the income during his life to the maintenance and support of himself and of such persons dependent upon him as he would by law be bound to support, and a portion thereof after his death to the benefit of his widow, if he should leave…
2Cases cited2 opinions
- Bunn v. WinthropNew York Court of Chancery · 1815
- Falk v. TurnerMassachusetts Supreme Judicial Court · 1869
3Cited by26 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Gray v. Union Trust Co.California Supreme Court · 1915
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
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