Massachusetts Supreme Judicial Court, 1860

Thorndike v. Loring

Thorndike v. Loring
Massachusetts Supreme Judicial Court · Decided March 15, 1860 · Shaw
81 Mass. 391

Counsel

F. G. Loring, for the plaintiffs., C. B. Goodrich, for the Massachusetts Hospital Life Insurance Company., C. W. Loring, for the surviving executor., F. C. Loring, in reply.

Thorndike v. Loring

Opinion of the Court

Shaw, C. J.*

The gift to trustees was void for remoteness. Whether the trust vested in the Life Insurance Company or in the trustees named, in either case it was not to vest until fifty years absolutely. It was illegal in its origin. The deposit actually made by the executors with the life office did not make it good. This gift being void in law, the gift by the residuary clause takes effect, and the residuary legatees are entitled to distribution. Decree accordingly.

Printed from the memorandum of the chief justice, who died before writing out a foil opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.