Bremer v. Hadley
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk, September 22, 1905, by a trustee under the will of Francis W. Sayles to set aside a transfer of mortgages by the plaintiff’s predecessor as trustee to the estate represented by the defendants, as trustees, which transfer the plaintiff alleged to have been made without authority.
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Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk, September 22, 1905, by a trustee under the will of Francis W. Sayles to set aside a transfer of mortgages by the plaintiff’s predecessor as trustee to the estate represented by the defendants, as trustees, which transfer the plaintiff alleged to have been made without authority. There was a hearing before Braley, J., who reserved the case upon the pleadings and agreed facts for consideration and determination by this court. It appeared that the plaintiff’s predecessor as trustee was one Charles F. Berry, who was…
1Opinion of the CourtHammond, J.
One of the questions is whether Berry as trustee under the will of Francis W. Sayles had power to sell and assign these mortgages. The decision of this question rests of course upon the terms of the will as modified by any action of the Probate Court. The will after making several bequests provided that the residue of the estate should go to certain persons “ to the uses, and upon and for the trusts, intents, and purposes, and with and subject to the powers and provisions hereinafter mentioned and expressed of or concerning the same; —That is to say, — Upon trust that they the said trustees…
2Cited by11 opinions
- Dumaine v. DumaineMassachusetts Supreme Judicial Court · 1938
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- State v. RiniSupreme Court of Louisiana · 1922
- Walker v. HowellSupreme Court of Iowa · 1929
- Mahoney v. MahoneyMassachusetts Appeals Court · 1977
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