Wright v. Blinn
| Decision Date | 13 November 1916 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | GEORGE L. WRIGHT v. GEORGE R. BLINN, trustee, & others. |
November 8, 1916.
Present: RUGG, C.
J., DE COURCY CROSBY, PIERCE, & CARROLL, JJ.
Equity Pleading and Practice, Master's report. Trust, Discretionary power of trustee.
In a proceeding in the Probate Court an exception to a master's report where the evidence is not reported, on the general ground that the master's finding of fact is erroneous, presents no question of law or fact.
Where a trustee under a will for the benefit of a beneficiary for life is authorized by the terms of the trust, not only to pay the net income of the trust fund to such beneficiary for life, but also, "if in the opinion of the trustee hereunder the said income . . . shall be insufficient for the comfortable maintenance and support of the said [beneficiary, the trustee is authorized and empowered] to pay to or for the benefit of the said [beneficiary] such portions of the principal of said trust estate as in the opinion of my trustee may be necessary for her comfortable maintenance and support, it being expressly understood that said payments of principal are not obligatory upon my trustee but are left solely to his sound discretion and judgment," the discretionary power of the trustee, so long as he acts in good faith and not arbitrarily or capriciously, is not subject to revision by any court.
PETITION, filed on December 8, 1913, in the Probate Court for the county of Plymouth, by a creditor of Ellen Maria Kimball, late of Abington, a beneficiary for life under the will of John Kimball, praying for payment of the petitioner's account out of the trust fund created by the will for the benefit of Ellen Maria Kimball.
The provision creating the trust was as follows: "the remaining three-fourths of all the rest, residue and remainder of my estate whether real, personal or mixed I give devise and bequeath unto the said George R. Blinn to have and to hold the same together with the legacy under the second item hereto to the said George R. Blinn his heirs and assigns but in trust nevertheless for the purpose following, namely; to keep the same safely invested and to pay over the net income and interest arising therefrom unto my sister, Ellen Maria Kimball for and during the term of her natural life and if in the opinion of the trustee hereunder the said income and interest shall be insufficient for the comfortable maintenance and support of the said Ellen Maria I hereby authorize and empower my trustee to pay to or for the benefit of the said Ellen Maria such portions of the principal of said trust estate as in the opinion of my trustee may be necessary for her comfortable maintenance and support, it being expressly understood that said payments of principal are not obligatory upon my trustee but are left solely to his sound discretion and...
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