George v. George
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed June 8,1902, to establish a precatory trust under the will of Mebitable W. Blodgett, who left all her property to the defendant Samuel W. George upon the terms therein stated, the plaintiff being a nephew and the defendants a nephew and a niece of the testatrix and the plaintiff and defendants being all of the heirs at law and next of kin of the testatrix.
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Bill in EQUITY, filed June 8,1902, to establish a precatory trust under the will of Mebitable W. Blodgett, who left all her property to the defendant Samuel W. George upon the terms therein stated, the plaintiff being a nephew and the defendants a nephew and a niece of the testatrix and the plaintiff and defendants being all of the heirs at law and next of kin of the testatrix. The case came on to be heard before Lorinc/, J., who at the request of the parties reserved it upon the pleadings and ah agreed statement of facts for determination by the full court, such decree to be entered as…
1Opinion of the CourtLoring, J.
We agree with the plaintiff as to the question on which the decision of this case turns. But we do not agree with him as to the answer which must be given to the question. In our opinion the testatrix did not intend that the nephew should be under any obligation to carry out the wishes she had expressed to him, but did intend that he was to be at liberty to disregard them.
The plaintiff’s argument is that the paragraph “ I understand this request has no legal effect, and rely wholly upon the confidence I have in my said nephew,” relates only to the paragraph next preceding it, namely, “ I…
2Cases cited3 opinions
- DenfieldMassachusetts Supreme Judicial Court · 1892
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Gould v. ChamberlainMassachusetts Supreme Judicial Court · 1903
3Cited by11 opinions
- Polsey v. NewtonMassachusetts Supreme Judicial Court · 1908
- Boston Safe Deposit & Trust Co. v. PrindleMassachusetts Supreme Judicial Court · 1935
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1906
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1917
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