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Keywords

trustwill

Related Cases

Kelley v. Snow, 185 Mass. 288, 70 N.E. 89

Facts

Mary Ann Snow executed a will and several codicils, which included provisions for the distribution of her estate after her death. She created a trust deed assigning her personal property to Bernard F. Kelley, which was intended to take effect during her lifetime. The trust deed was executed to circumvent her husband's rights and to ensure her property was distributed according to her wishes. After her death, disputes arose regarding the validity of the trust and the rightful beneficiaries of her estate.

Mary Ann Snow executed a will and several codicils, which included provisions for the distribution of her estate after her death.

Issue

The main legal issues were whether the trust deed executed by Mary Ann Snow was valid and whether her husband had any rights to her estate following her death.

Rule

The court applied the principle that a married woman has the right to dispose of her personal estate during her lifetime without her husband's consent, provided the conveyance is real and not colorable. Additionally, the court considered the validity of the trust deed and the intentions of the testatrix regarding her property.

Analysis

The court found that the trust deed was a valid present conveyance of property, taking effect during Mary Ann Snow's lifetime. The legal title passed to Kelley, and the trust was valid despite the provisions allowing the donor to retain certain rights. The court also determined that the husband's consent to the original will did not extend to the subsequent codicil that significantly altered the distribution of the estate, thus preserving his rights under the law.

The court found that the trust deed was a valid present conveyance of property, taking effect during Mary Ann Snow's lifetime.

Conclusion

The court concluded that the trust deed was valid and that Kelley must administer the property according to its terms. The husband was entitled to his statutory rights in the estate, while the residue of the estate was to be distributed to Mary Ann Hammond.

The court concluded that the trust deed was valid and that Kelley must administer the property according to its terms.

Who won?

Bernard F. Kelley prevailed in the case as the court upheld the validity of the trust deed, allowing him to administer the property as trustee.

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