Clarke v. Rathbone
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court ou October 30, 1914, by the trustees under the will of Alfred L. Baury, late of Newton, who died in the year 1865, for instructions as to the duties of the plaintiffs in the distribution of the principal and accumulated income of the trust fund upon the death of Elizabeth P. Baury, the last surviving child of the testator, who died on August 30, 1914. The fourth article of the will provided that the trustees upon the death…
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Bill in equity, filed in the Supreme Judicial Court ou October 30, 1914, by the trustees under the will of Alfred L. Baury, late of Newton, who died in the year 1865, for instructions as to the duties of the plaintiffs in the distribution of the principal and accumulated income of the trust fund upon the death of Elizabeth P. Baury, the last surviving child of the testator, who died on August 30, 1914. The fourth article of the will provided that the trustees upon the death of all the testator’s children “shall distribute such trust property remaining in their hands, to such of my…
1Opinion of the CourtLoring, J.
1. We are of opinion that by the true construction of the "Fourth” article of the will of the testator the principal of the trust fund is now to be distributed among the grandchildren living at the date of the death of Elizabeth P. Baury, the survivor of his children.
The defendant Alfred L. Baury, who is a child of a grandchild, contends that through the testator’s adoption of his father he (this defendant) became a grandchild of the testator arid that in this way he is entitled to a share in the distribution of the trust fund.
But after referring to the adoption of this defendant’s father,…
2Cases cited6 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Loring v. CoolidgeMassachusetts Supreme Judicial Court · 1868
- Meserve v. HaakMassachusetts Supreme Judicial Court · 1906
- Brown v. WrightMassachusetts Supreme Judicial Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Glaser v. Chicago Title & Trust Co.Illinois Supreme Court · 1946
- Walker v. First Trust & Savings BankCourt of Appeals for the Eighth Circuit · 1926
- Loring v. DexterMassachusetts Supreme Judicial Court · 1926
- Boynton v. BoyntonMassachusetts Supreme Judicial Court · 1929
- In Re Hicks EstateMichigan Supreme Court · 1956
9 more not listed; retrieve them via the Exa API.