Bradford v. Monks

• Decision Date: 04 March 1882
• Citation: 132 Mass. 405
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Katharine E. Bradford v. Richard J. Monks & another

132 Mass. 405

Katharine E. Bradford v. Richard J. Monks & another

Supreme Court of Massachusetts

March 4, 1882

Argued November 17, 1881

Suffolk. Bill in equity, filed September 12, 1881, against Richard J. Monks and Frank H. Monks, to restrain them from selling certain real estate in South Boston, as trustees under the will of John P. Monks.

The bill alleged that John P. Monks died on December 11, 1859 leaving a will, by which he appointed his son Richard J Monks and Osborn Howes executors and trustees of his will, and to whom he devised all his estate real and personal, of every sort and kind, "in trust that said trustees shall, as soon as convenient, convert my personal estate into money, and to manage and take care of, according to their best ability and skill, my real estate, repairing, leasing, letting, and, if necessary, rebuilding, and receiving the income thereof, and to apply said income, together with the proceeds of my personal estate, in the first place, to payment of expenses in management and repairs thereof;" secondly, to pay annuities to the testator's mother and sister for their respective lives; and the remainder of the net income to divide in certain proportions between the testator's widow and his children during their lives, until the decease of all his children; and "I then order and direct my trustee or trustees for the time being shall make over and convey all my estate equally to my grandchildren. And I authorize my trustees, if they think best, to sell and convey such of my lands as are at South Boston, or any part of such land at South Boston, and to invest the proceeds of the sales of such estate or lands with the proceeds of the sales of my personal estate in United States or state securities or city of Boston scrip, or in first-class mortgages of real estate."

The bill further alleged, that the plaintiff was a daughter of the testator and one of the beneficiaries under the will; that the trustees named in the will duly proved the will, and undertook the offices of executors and trustees; that on March 7, 1881, Osborn Howes resigned the trust and was relieved of the same by the Probate Court, and Frank H. Monks was appointed in his stead, and was now co-trustee with Richard J. Monks; that the defendants, as trustees, were intending to sell a part of the real estate of the testator situated in South Boston, and had entered into negotiations for the sale of one parcel thereof, whereas they had no power under the will to sell the same.

The prayer of the bill was, that it be declared that the right to sell the land in South Boston was given by the will only to the trustees named therein, and not to their successors in office; that the defendants be restrained by injunction from selling any part of said land; and for further relief.

The answer admitted the facts alleged in the bill; averred that there were large quantities of land in South Boston...