Chauncey v. Francis
Massachusetts Supreme Judicial Court
Bill for instructions, filed December 3,1901, by the trustee under the will of Ann G. Salisbury, as to the interpretation of a bequest for the benefit of Samuel Salisbury. The case came on to be heard before Morton, J., who, with the consent of the parties, reserved it upon the bill, answers and a copy of the will for the consideration of the full court; such decree to be entered as equity and justice might require.
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Bill for instructions, filed December 3,1901, by the trustee under the will of Ann G. Salisbury, as to the interpretation of a bequest for the benefit of Samuel Salisbury. The case came on to be heard before Morton, J., who, with the consent of the parties, reserved it upon the bill, answers and a copy of the will for the consideration of the full court; such decree to be entered as equity and justice might require. The fifth clause of the will, which contained the bequest in question, was as follows: “ I give and bequeath to my brother Stephen Salisbury the sum of one thousand dollars, in…
1Opinion of the CourtHammond, J.
The sole question is what interest did Samuel Salisbury have in the trust fund created by the fifth clause of the will. It is contended by the representatives of his estate that he had the complete beneficial interest in the fund, and that the various provisions as to the trust merely limit his use and enjoyment of it during his life; while on the other hand the executors of the will of Daniel W. Salisbury, the residuary legatee, contend that the interest was simply an equitable life estate.
We are brought to the consideration of this question without any knowledge respecting the situation at…
2Cited by16 opinions
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Rogers v. NicholsMassachusetts Supreme Judicial Court · 1904
- Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
- Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947
- Hayward v. RoweMassachusetts Supreme Judicial Court · 1905
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