Sargent v. Bourne

Massachusetts Supreme Judicial Court
Sargent v. Bourne, 47 Mass. 32 (Mass. 1843)

Sargent v. Bourne

Opinion of the Court

By the Court.

We are of opinion that the trust fund, in

the third codicil, was intended as a provision for George P. Parker’s family, including himself, his wife and his children: That the words “ their ” and “ them,” in the first clause, apply to the children, as well as to the parents: That the trustees have authority to appropriate, in their discretion, á part of the income of $5000 to the children, respectively; and that this is not limited to their being under age or unmarried, nor to their living with their father, nor to such a bare subsistence as a father would be compelled by law to furnish to a child; but that it was the intention of the testator to constitute a continued and liberal provision, comfortable and respectable, which was not to be withdrawn merely because the children should have received $7000, on their marriage or coming of age : And that such an appropriation to Mrs. Sargent, as the trustees, in the exercise of their judgment, think ought to be made, will be within their authority, and pro tanto a good execution of their trust.

Reference

Full Case Name
John T. W. Sargent & wife v. Ezra A. Bourne & another
Status
Published