Eldredge v. Heard
Massachusetts Supreme Judicial Court
Petition for a decree to compel a sale of real estate held by John T. Heard and Edward D. Sohier, as trustees under the will of John W. Trull.
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Petition for a decree to compel a sale of real estate held by John T. Heard and Edward D. Sohier, as trustees under the will of John W. Trull. The case was heard by the chief Justice, and reported for the determination of the full court, substantially as follows: John W. Trull died on April 12,1867, leaving a will by which, after giving to the petitioner, who was his only child, his household furniture, and the use for life of his dwelling-house in Boston, and giving several legacies, he gave all the residue of his estate to Heard and Sohier in trust to manage the same and pay the net income…
1Opinion of the CourtWells, J.
The will reposes a discretion in the trustees in regard to the sale of the real estate. They have exercised that discretion against a sale. There is nothing to show that they have exercised it improperly or unwisely.
The investment is one which was selected by the testator himself. The property is not expensive in its care, nor liable to waste. There is reasonable ground to expect a further advance in its market value, more than equivalent to the loss of income and the amount of taxes and expenses. Considering the trust as one entire fund, without regard to the diversity of interests in the…
2Cited by7 opinions
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Jordan v. JordanMassachusetts Supreme Judicial Court · 1906
- Sylvester v. NewtonMassachusetts Supreme Judicial Court · 1947
- Hyde v. SmithHawaii Supreme Court · 1898
- Amerige v. GoddardMassachusetts Supreme Judicial Court · 1944
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