President & Fellows of Harvard College v. Balch

Francis V. Balch, trustee under the will of John Hancock, filed the bill in this case for construction of a provision of said will under which he had held property in trust for Franklin Hancock, and for instruction as to his duties as trustee, and partition of real estate so held in trust. The court decreed that appellant had no interest in the property, and this appeal was prosecuted.

John Hancock, of Boston, died April 1, 1859, leaving the will in question, dated April 1, 1857, and the controversy arises upon the following clause: “I give and bequeath one-fifth part of my estate to a…