Hemenway v. Hemenway
Massachusetts Supreme Judicial Court
Bill in equity, by the trustees under the will of Augustus Hemenway, to obtain the instructions of the court as to the construction of the will. Hearing before Morton, J., who reserved the case for the consideration of the full court. The facts appear in the opinion. The case was argued in November 1879, was reargued in November 1881, and was again reargued in January 1883.
1Opinion of the CourtHolmes, J.
The plaintiffs are trustees of a residuary fund bequeathed to them in trust, “ to hold the said property as they may receive the same, or at their discretion to sell- the same or any part or parts thereof, and to invest the proceeds of such sale or sales according to their best judgment, and so again, and whenever and as often as they may deem it expedient, to sell any substituted property at any time held upon these trusts, .... and to invest the proceeds .... according to their best judgment, with power to convert real estate into personal estate, and personal estate into real estate,” with…
2Cited by19 opinions
- McLouth v. . HuntNew York Court of Appeals · 1897
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
- Old Colony Trust Co. v. ShawMassachusetts Supreme Judicial Court · 1927
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