Shattuck v. Balcom
Massachusetts Supreme Judicial Court
Petition to the judge of probate of the county of Worcester, by Charles E. Shattuck, trustee under certain items of the will of James H. Wall, praying for instructions as to his duties thereunder. Trial in this court, on appeal, before Barker, J., who reserved the case for the consideration of the full court, in substance as follows.
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Petition to the judge of probate of the county of Worcester, by Charles E. Shattuck, trustee under certain items of the will of James H. Wall, praying for instructions as to his duties thereunder. Trial in this court, on appeal, before Barker, J., who reserved the case for the consideration of the full court, in substance as follows. By item 14, the testator gave to George F. Wall five thousand dollars, in trust: “ 2. The income thereof, as it shall become due and payable and be received by him, to pay over to my daughter Sarah Elizabeth Balcom, formerly the wife of Sumner W. Balcom, for and…
1Opinion of the CourtMorton, J.
The first question in this ease is what interest Mrs. Dunlop takes under her grandfather’s will. She is the only surviving child of Sarah Elizabeth Balcom, deceased, who was a daughter of the testator, and a beneficiary under items 18 and 20 of his will, as well as under item 14. The answer to the question involves the construction of items 18 and 20. Mrs. Dunlop’s contention is that she takes the one fourth of the net income which, by clause 2 of item 18, the principal trustee was directed to pay over to a sub-trustee for her mother. She also contends that the sub-trust has come to an end,…
2Cases cited3 opinions
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
- Claflin v. AshtonMassachusetts Supreme Judicial Court · 1880
3Cited by20 opinions
- Sears v. ChildsMassachusetts Supreme Judicial Court · 1941
- Sewall v. ElderMassachusetts Supreme Judicial Court · 1932
- Shattuck v. WallMassachusetts Supreme Judicial Court · 1899
- Boston Safe Deposit & Trust Co. v. DoolanMassachusetts Supreme Judicial Court · 1940
- Bradlee v. ConverseMassachusetts Supreme Judicial Court · 1945
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