Springfield Safe Deposit & Trust Co. v. Dwelly
Massachusetts Supreme Judicial Court
Two bills in equity, filed in the Probate Court for the County of Hampden, on June 5, 1912, respectively by the Springfield Safe Deposit and Trust Company as trustee under the will of Aaron S. Dwelly and by the same corporation as trustee under the will of Albert H. Dwelly, both for instructions as to the distribution to be made of a trust fund created by the sixth article of the will of Aaron S. Dwelly.
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Two bills in equity, filed in the Probate Court for the County of Hampden, on June 5, 1912, respectively by the Springfield Safe Deposit and Trust Company as trustee under the will of Aaron S. Dwelly and by the same corporation as trustee under the will of Albert H. Dwelly, both for instructions as to the distribution to be made of a trust fund created by the sixth article of the will of Aaron S. Dwelly. In the Probate Court decrees were made in both cases by Long, J., from which appeals were taken. The appeals came on to be heard by Braley, J., and at the request of the parties were reserved…
1Opinion of the CourtSheldon, J.
By the sixth article of his will, Aaron S. Dwelly created a trust fund and appointed his wife Hannah M. Dwelly to be the trustee thereof. He provided that she should allow his son Albert H. Dwelly to have so much of the income and also so much of the principal as she should from time to time deem best, and that she might at any time, according to her own judgment and discretion, pay to him any part or the whole of the trust fund. He provided further that his wife might by her will appoint a trustee to hold the fund “for the said Albert H., with the same power and authority” which he had given…
2Cases cited17 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
- Jones v. GaneMassachusetts Supreme Judicial Court · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Boston Safe Deposit & Trust Co. v. StrattonMassachusetts Supreme Judicial Court · 1927
- Bailey v. BaileyMassachusetts Supreme Judicial Court · 1920
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- Loring v. ClappMassachusetts Supreme Judicial Court · 1958
- Commissioner of Corporations & Taxation v. BakerMassachusetts Supreme Judicial Court · 1939
18 more not listed; retrieve them via the Exa API.