Dodd v. Winship
Massachusetts Supreme Judicial Court
Appeal, by the trustees under the will of John Hooper, from a decree of the Probate Court, disallowing two items in a supplemental account of the appellants. Hearing before Crardner, J., who reported for the consideration of the full court the following case. John Hooper died in 1854, leaving a widow and six children, among the latter, Dwight B. Hooper.
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Appeal, by the trustees under the will of John Hooper, from a decree of the Probate Court, disallowing two items in a supplemental account of the appellants. Hearing before Crardner, J., who reported for the consideration of the full court the following case. John Hooper died in 1854, leaving a widow and six children, among the latter, Dwight B. Hooper. By his will he gave the residue of his property to the appellants as trustees, with directions to invest and hold it, and to pay to his widow “ the net rents, income, dividends, and profits thereof during her life,” and, at her decease, “ to…
1Opinion of the CourtMorton, C. J.
The question whether the appellants are entitled to charge in their account against the children of Dwight B. Hooper the sum of $872, received by said Hooper in his lifetime, and interest thereon, was adjudicated in the case of Dodd v. Winship, 133 Mass. 359. In that case it appeared that the sum received by said Hooper was a part of the income of the trust fund. The court dealt with the case before it, and decided that, being a part of the income, it belonged to Mrs. Hooper, and could not be charged against the children in the probate accounts with them. The trustees have filed another…
2Cases cited7 opinions
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