Harvard College & Massachusetts General Hospital v. Amory
Massachusetts Supreme Judicial Court
John M‘Lean died on October 23d, 1823, and his will and codicil were proved and allowed in the court of probate for the county of Suffolk, on the 3d of November, 1823. After an absolute gift to the wife of the testator, of a dwellinghouse, certain specified personal property, and $35,000, the will proceeds : — “I give and bequeath to Jonathan Amory, &c. and Francis Amory, &c., jointly, the sum of 50,000 dollars, m trust nevertheless to loan the same upon ample and sufficient…
Read the full summary
John M‘Lean died on October 23d, 1823, and his will and codicil were proved and allowed in the court of probate for the county of Suffolk, on the 3d of November, 1823. After an absolute gift to the wife of the testator, of a dwellinghouse, certain specified personal property, and $35,000, the will proceeds : — “I give and bequeath to Jonathan Amory, &c. and Francis Amory, &c., jointly, the sum of 50,000 dollars, m trust nevertheless to loan the same upon ample and sufficient security, or to invest the same in safe and productive stock, either in the public funds, bank shares or other stock,…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The confidence which the testator reposed in his executors, whom he also constituted his trustees, was unbounded. He directed that they, as trustees, should not be required to give any other security than their own bond, without sureties, and that each of them should be accountable “ simply for his own acts, doings and defaults as such trustee.”
The general question is, whether the trustees have abused the trust.
The testator made provision for the support of his wife mainly from the proceeds of the trust fund. He speaks of the profits, income,…
2Cited by11 opinions
- First Ala. Bank of Montgomery, NA v. MartinSupreme Court of Alabama · 1983
- Birmingham Trust Nat. Bank v. HenleySupreme Court of Alabama · 1979
- Jackson v. ConlandSupreme Court of Connecticut · 1979
- Doss v. United StatesDistrict Court, N.D. Texas · 1971
- Jicarilla Apache Nation, Formerly Jicarilla Apache Tribe v. United StatesUnited States Court of Federal Claims · 2013
6 more not listed; retrieve them via the Exa API.