Legal Opinion

Fiske v. Eddy

Massachusetts Supreme Judicial Court

Decided May 8, 1888PublishedCited by 2 opinions

Bill in eqdity, filed September 22, 1887, by the trustee under the will of Caleb Eddy, for instructions as to the disposition of the income of a trust fund. The bill alleged that Caleb Eddy made a will, dated October 9, 1858, which, after gifts to his wife, Caroline Eddy, and to his son, Robert H. Eddy, contained the following provisions, which are alone material.

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Bill in eqdity, filed September 22, 1887, by the trustee under the will of Caleb Eddy, for instructions as to the disposition of the income of a trust fund. The bill alleged that Caleb Eddy made a will, dated October 9, 1858, which, after gifts to his wife, Caroline Eddy, and to his son, Robert H. Eddy, contained the following provisions, which are alone material. “I give, bequeath, and devise my two dwelling-house estates in said Boston numbered respectively twenty-four and twenty-six on Harrison Avenue, the same purchased of Walter Bryant, also my two dwelling-house estates numbered…

1Opinion of the CourtDevens, J.

The will of Caleb Eddy gives “ the net income of estates numbered twenty-four and twenty-six on Harrison Avenue, semiannually or oftener, to my sons Benjamin and Albert M., during their joint lives, one half to each and to the survivor during his life.” The testator then gives the income of the estates numbered seventeen and eighteen Green Street to his wife, who is now deceased, “ and in further trust upon and after the decease of my said wife, whether she shall survive me or not, semiannually or oftener, to pay the net *156income as aforesaid of said estates, both on Green Street and on…

2Cited by2 opinions

  1. Sears v. ChildsMassachusetts Supreme Judicial Court · 1941
  2. Wheaton v. BatchellerMassachusetts Supreme Judicial Court · 1912

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