Bradford v. Monks
Massachusetts Supreme Judicial Court
Bill in equity, filed September 12, 1881, against Richard J. Monks and Frank H. Monks, to restrain them from selling certain real estate in South Boston, as trustees under the will of John P. Monks.
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Bill in equity, filed September 12, 1881, against Richard J. Monks and Frank H. Monks, to restrain them from selling certain real estate in South Boston, as trustees under the will of John P. Monks. The bill alleged that John P. Monks died on December 11, 1859, leaving a will, by which he appointed his son Richard J. Monks and Osborn Howes executors and trustees of his will, and to whom he devised all his estate real and personal, of every sort and kind, “ in trust that said trustees shall, as soon as convenient, convert my personal estate into money, and to manage and take care of, according…
1Opinion of the CourtW. Allen, J.
When the new trustee was appointed, he had, by force of the statute, the same powers, rights and duties as if he had been originally appointed, and the estate vested in him as it had vested in the trustee in whose place he was substituted. Gen. Sts. c. 100, § 9. If the power of sale attached to the trust, and was not personal to the former trustee, it would pass to the new trustee as part of the trust.
It seems clear that the testator intended that the power should be exercised by his trustees as such. The entire legal estate is given to the trustees to hold and manage; they are to convert the…
2Cases cited2 opinions
- Gould v. MatherMassachusetts Supreme Judicial Court · 1870
- Nugent v. CloonMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Wemyss v. WhiteMassachusetts Supreme Judicial Court · 1893
- Clark v. Neil, Court of Common Pleas of Ohio, Franklin County, Civil Division1924
- Clark v. Neil, Court of Common Pleas of Ohio, Franklin County, Civil Division1917