Olliffe v. Wells case brief summary
130 Mass. 221 (1881)
CASE FACTS
The residuary bequest to the executor gave him no beneficial interest. It required him to distribute the property bequeathed to him, but allowed him a discretionary authority with respect to distribution pursuant to the testatrix's intentions. The will declared a trust too indefinite to have been carried out, and plaintiffs were required to take by way of resulting trust, unless the facts agreed showed such an executable trust for the benefit of others. The testatrix had orally made known to the executor her intention that the residue be disposed of and distributed by him for charitable uses at his discretion.
DISCUSSION
CONCLUSION
The full court entered a decree for plaintiffs from their bill in equity against the devisee executor seeking an account, an order for payment of the will residue to plaintiffs, a temporary injunction against distributing the reside of the estate otherwise, and for further relief.
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130 Mass. 221 (1881)
CASE SYNOPSIS
Plaintiff heirs at law and
next of kin of a testatrix, in their bill in equity against defendant
executor devisee of the testatrix's estate, claimed that they were
such parties and sought discovery, an account, an order for payment
of the residue to plaintiffs, and a temporary injunction against
distributing the residue otherwise. The case was heard by a justice
and reserved for the consideration of the full court.CASE FACTS
The residuary bequest to the executor gave him no beneficial interest. It required him to distribute the property bequeathed to him, but allowed him a discretionary authority with respect to distribution pursuant to the testatrix's intentions. The will declared a trust too indefinite to have been carried out, and plaintiffs were required to take by way of resulting trust, unless the facts agreed showed such an executable trust for the benefit of others. The testatrix had orally made known to the executor her intention that the residue be disposed of and distributed by him for charitable uses at his discretion.
DISCUSSION
- Intentions not formed by the testatrix and communicated to the executor before the making of the will could not have had any effect against plaintiffs.
- Plaintiffs could not have been deprived of their equitable interest that accrued to them directly from the testatrix by any conduct of the devisee executor, nor by the testatrix's intention, unless legally signified in writing.
- A trust not sufficiently declared on the face of the will could not have been set up by extrinsic evidence to defeat the rights of plaintiffs.
- A decree for plaintiffs was proper.
CONCLUSION
The full court entered a decree for plaintiffs from their bill in equity against the devisee executor seeking an account, an order for payment of the will residue to plaintiffs, a temporary injunction against distributing the reside of the estate otherwise, and for further relief.
Suggested Study Aids For Wills, Trusts & Estate Law
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