Danahy v. Noonan
Cases that cite this one
11 later published cases cite this decision.
- Closset v. Burtchaell (Or. 1924)
- Vines v. Vines (Tenn. 1920)
- Hill v. Hill (Okla. 1915)
- Kimball v. Blanchard (Me. 1906)
- Hayes (Massachusetts Land Court 1902)
- West v. THIRD NATIONAL BANK OF HAMPDEN COUNTY (Mass. App. Ct. 1981)
- Springfield Safe Deposit & Trust Co. v. Stoop (Mass. 1950)
- Boyden v. Stevens (Mass. 1934)
- Boston Safe Deposit & Trust Co. v. Collier (Mass. 1916)
- Lathrop v. Merrill (Mass. 1910)
- Welch v. Trustees of Episcopal Theological School (Mass. 1905)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Whether Mary A. O’Brien took the whole equitable estate by the will or acquired it later by the conveyance from her brother of any interest that he might have in the trust property is immaterial. If her brother had any interest, it was subordinate to the trustee’s right and duty to apply as much of the property as he deemed necessary to Mary A. O’Brien’s support. The acquisition of her brother’s interest did not affect this paramount right and duty. The trust is an active trust, requiring the exercise of discretion on the part of the trustee. Therefore it is not to be terminated at the will of the cestui que trust. Claflin v. Claflin, 149 Mass. 19. Young v. Snow, 167 Mass. 287. Bill dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.