Bucklin v. Creighton
Supreme Court of Rhode Island
Bill in Equity for instructions. Sarah. Halsey by her will proven before the Municipal Court of Providence, sitting as a Court of Probate, October 11, 1864, bequeathed certain sums of money to the complainants and. to the survivor of them, in trust, with powers of management, to pay the net income to her nephew, James Hamilton Creighton, during his life, and further provided ‘1 That the said trustees or their successors may at any time and from time to time when they may…
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Bill in Equity for instructions. Sarah. Halsey by her will proven before the Municipal Court of Providence, sitting as a Court of Probate, October 11, 1864, bequeathed certain sums of money to the complainants and. to the survivor of them, in trust, with powers of management, to pay the net income to her nephew, James Hamilton Creighton, during his life, and further provided ‘1 That the said trustees or their successors may at any time and from time to time when they may deem it to be necessary for the comfortable support and maintenance of my said nephew, whether the necessity arise from…
1Opinion of the Court
Matteson, O. J.
This is a bill by trustees for instructions and for an interpleader between the respondents. The question presented for decision is whether under certain trusts contained in the will of Sarah Halsey, deceased, James Hamilton Creighton, named therein as beneficiary, took an absolute interest in the property held in trust, or a life estate merely, the remainder passing on his decease to his heirs at law.
We are of the opinion that he took a life interest merely. While it is true that the fact that something remains to be done, namely, that a conveyance of the property is to be…
2Cases cited2 opinions
- Wood v. BurnhamNew York Court of Chancery · 1837
- Tallman v. WoodNew York Supreme Court · 1841
3Cited by2 opinions
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