Southard v. Southard
Massachusetts Supreme Judicial Court
Two bills ih equity, filed in the Supreme Judicial Court on October 6,1910, by trustees under the wills of John Rayner and of his daughter Harriott E. Edmands, both late of Boston, for instructions. The will of John Rayner was proved on August 11, 1856. The first and second clauses dealt with formal matters.
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Two bills ih equity, filed in the Supreme Judicial Court on October 6,1910, by trustees under the wills of John Rayner and of his daughter Harriott E. Edmands, both late of Boston, for instructions. The will of John Rayner was proved on August 11, 1856. The first and second clauses dealt with formal matters. By the third clause three parcels of real estate in Boston, called respectively the “ Crowninshield Estate,” which was situated at the corner of Elm Street and Hanover Street, the “ Odin Estate,” situated on Hanover Street between Court Street and Elm Street, and the “ Tufts Estate,”…
1Opinion of the CourtBraley, J.
The trustees bring these petitions for instructions as to their respective duties under the wills of Harriott E. Edmands and of her father, John Rayner. It is contended by the defendant, Roxa S. Southard, a great-granddaughter of the testator, who with the defendant, Horton Edmands, a great-grandson, are his only surviving lineal heirs, that the trust created by John Rayner’s will offends the rule against perpetuities, and also imposes an illegal restraint upon alienation, and, there now being no interests which have not vested or been determined, that it should be terminated and the property…
2Cases cited26 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boston Safe Deposit & Trust Co. v. ParkMassachusetts Supreme Judicial Court · 1940
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Smith v. CottingMassachusetts Supreme Judicial Court · 1918
- Whitman v. HuefnerMassachusetts Supreme Judicial Court · 1915
- Linscott v. TrowbridgeMassachusetts Supreme Judicial Court · 1916
8 more not listed; retrieve them via the Exa API.