Monday, November 11, 2013

Loring v. Marshall case brief

Loring v. Marshall case brief summary
484 N.E.2d 1315 (1985)

Complainant trustee commenced an action in the Supreme Judicial Court for the county of Suffolk (Massachusetts), for instructions regarding the distribution of the remainder of a trust created by the testator.


The testator left the residue of her estate in trust, the income payable to her brother and sister. The will provided that upon the death of the last surviving income beneficiary, the trust was to be divided equally to the wife and issue of the testator's nephews as they may have appointed. If a nephew made no appointment, the will provided that the whole of the trust was to be paid to the appointees of the other nephew. In the event that neither nephew made an appointment, the whole of the trust was to be paid to three charitable organizations. The last nephew appointed his wife to a life interest in the trust. When the nephew's wife died, he had one surviving son, to whom the nephew had bequeathed one dollar.


  • The court ruled that the charities were not to take the principal unless no class member who could receive principal was then living. 
  • The court found that a living class existed under the will and that the testator's intent was to keep the assets within the family.

The court directed the trustees of the testator's will to distribute the trust principal to the executors of the estate of the last remaining class members named in the will.

Suggested Study Aids For Wills, Trusts & Estate Law

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