(Download) "Francis T. Leahy v. Old Colony Trust" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Francis T. Leahy v. Old Colony Trust
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
LUMMUS, J. This is a petition to the Probate Court, filed on August 26, 1947, by the ancillary administrator with the will
annexed of the estate of Jennie M. Luhrs, late of Pully, Canton de Vaud, Switzerland, to obtain a decree that said will operated
as an amendment to or revocation of an indenture of trust of which Jennie M. Luhrs and the respondent Old Colony Trust Company
were trustees. On March 31, 1949, a decree was entered, adjudging that said will did not operate as an amendment to or revocation
of said indenture of trust. The petitioner appealed. The case comes here upon a report of the evidence and a report of the
material facts. On April 4, 1922, Jennie M. Luhrs, then of Lausanne, Switzerland, created the trust in question with herself and Old Colony
Trust Company as trustees. The trust indenture provided that the income should be paid to Jennie M. Luhrs during her life.
At her death various payments, amounting to $37,000 in all, were to be made out of the principal to various individual and
corporate beneficiaries, and the residue was to be paid to Anne A. Craig of Belfast, Maine, or her heirs. In the investment
of the trust funds Old Colony Trust Company was authorized to act under the directions of Jennie M. Luhrs. Any trustee might
resign by giving notice in writing to the other trustee, and any vacancy might be filled by written appointment signed by
Jennie M. Luhrs. During a vacancy, the other trustee might act as sole trustee. The trust indenture might be amended or revoked
at any time "during the lifetime of said Jennie M. Luhrs by an instrument in writing signed by her, and also by said Anne
A. Craig, if she be living."