Morrison v. Jackman
| Decision Date | 31 March 1937 |
| Citation | 297 Mass. 161,8 N.E.2d 18 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | FRANK W. MORRISON & another v. CHESTER S. JACKMAN& others. |
December 10, 1936.
Present: RUGG, C.
Guardian. Probate Court, Jurisdiction, Guardianship.
Insane Person.
It is within the discretionary power of a probate court, upon a petition for the appointment of a guardian of an insane person, to delay the appointment of a guardian and to appoint a temporary guardian if it appears that the welfare of the insane person requires it.
PETITION, filed in the Probate Court for the county of Hampden on November 1 1935, for the appointment of a guardian of Annie B. Jackman an insane person.
The petition was heard by Denison, J., and a temporary guardian appointed. Frank W. Morrison and May P. Pettengill appealed.
F. W. Morrison, for the appellants. R. W. King, pro se, submitted a brief.
This is an appeal from a decree of the Probate Court of Hampden County appointing on June 10, 1936, Robert W. King temporary guardian of Annie B.
Jackman, who was committed as insane to the Northampton State Hospital on September 24, 1925.
In February, 1925 Annie B. Jackman established a voluntary trust, naming The First National Bank of Boston as trustee. The amount of the trust is approximately $16,000. Thereafter she entered the Boston Psychopathic Hospital and remained there until she was committed to the Northampton State Hospital.
The original guardian of Annie B. Jackman was her brother, John H. Blodgett of Bellows Falls, Vermont, and a remainderman under the trust of February, 1925. Blodgett participated in the establishment of the trust. By the terms of his will, which was allowed by the Probate Court for the District of Westminster, Vermont, on September 9, 1935, he bequeathed his interest in the trust to his wife, Mary A. Blodgett. John H. Blodgett died on August 2, 1935. His account, as guardian, was rendered by his executrix (his widow) Mary A. Blodgett. This account began December 4, 1925, and ended August 2, 1935. On October 23, 1935, Mary A. Blodgett, with Frank W. Morrison, the attorney who drew the trust paper, petitioned the Probate Court to appoint her as guardian of Annie B. Jackman.
Mary A. Blodgett died prior to May 11, 1936, and her will was duly proved and allowed by the Probate Court for the District of Westminster, Vermont, on June 1, 1936. By her will, executed April 13, 1936, she bequeathed her interest in the Annie B. Jackman trust to the Trustees of the University of Vermont, and created a trust of $10,000 in certain named trustees, "to pay all of the income from said trust fund to my sister-in-law, Annie B. Jackman, or to expend said income for her benefit, during the term of her natural life and such income I hereby give and bequeath to the said Annie B. Jackman; outright and absolutely." The remainder, after the deduction of "a fair compensation for the services of said Trustees and all expenses of administration," she bequeathed to the Trustees of the University of Vermont "to be administered with the revolving `Blodgett Loan Fund', established in paragraph
10" of the will. To May P. Pettengill, cousin to Annie B. Jackman, she gave certain specific legacies.
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