Inches v. Hill
Massachusetts Supreme Judicial Court
Bill of interpleader filed by the trustees under the marriage settlement of Caroline M. Dehon, against Caroline I. Hill, Francis Bacon and William Dehon, praying that*they might interplead as to their respective rights and claims in and to the trust estate.
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Bill of interpleader filed by the trustees under the marriage settlement of Caroline M. Dehon, against Caroline I. Hill, Francis Bacon and William Dehon, praying that*they might interplead as to their respective rights and claims in and to the trust estate. The case, as it appeared from the bill and answers, on which it was reserved by Wells, J., for the determination of the full court, was as follows: By the marriage settlement aforesaid, certain real estate belonging to Mrs. Dehon, then Caroline M. Inches, was given to trustees to the use of her in fee until her marriage to the defendant…
1Opinion of the CourtGuay, J.
The main purposes of this marriage settlement manifestly were to secure the income of the estate thereby settled to the wife, and after her death to the husband, and to give the remainder to the children of the marriage. By the terms of settlement, the three children, upon the death of their mother without having exercised the power of appointment therein reserved to her, took as tenants in common remainders in fee, vested in interest, though subject to the right of their father to receive the income during his life. This gift in fee is not to be cut down m qualified by subsequent provisions,…
2Cited by23 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- Brandenburg v. ThorndikeMassachusetts Supreme Judicial Court · 1885
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