(Download) "Bucknam v. Bucknam Et Al." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bucknam v. Bucknam Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 02, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
LUMMUS, Justice. Mary Helen Bucknam died on July 13, 1929, leaving a husband, a daughter and a son, the defendant Robert Horton
Bucknam, who was born on December 5, 1909. Half the residue of her estate was given by her will to the defendant George D.
Burrage and State Street Trust Company, as trustees, in trust to expend 'so much of the net income of said fund as is in their
judgment necessary or proper for the education, maintenance or support of my said son' until he shall reach the age of twenty-five
years. He reached that age on December 5, 1934. The will continued: 'When my said son reaches the age of twenty-five years
the trustees shall pay over to him semi-annually or oftener in their discretion the net income of said trust fund until he
shall reach the age of thirty years and thereupon shall pay over to him the principal of said trust fund free and discharged
of all trusts.' If he shall die without issue before reaching the age of thirty years, the trust fund is to pass to his sister
or her issue. The seventh paragraph of the will provided: 'All provisions in this will and any codicil contained for any payment
or benefit to any person are subject to the further provision that such payment or benefit shall not be subject to be alienated
or anticipated by the beneficiary or to be reached or applied by any creditor of the person entitled thereto.' Robert Horton
Bucknam, on February 12, 1929, married the plaintiff in Massachusetts. Matrimonial difficulties arose, and on June 3, 1932,
at Kansas City, Missouri, a separation agreement was entered into between them, by which he agreed to pay her $625 quarterly
during her life. The agreement provided: 'All interest of the Robert in the estate of his deceased mother and in the trust
created by her will is to the above extent hereby bound with a first lien and is assigned to Theresa accordingly; and the
Trustees of said estate and/or Trust are hereby authorized and directed to recognize and act herof and pay to Theresa the
sums above recited, and for so doing this shall be their full warrant and discharge.' It was further provided that the foregoing
provision for Theresa might be made a part of any decree of divorce. The only child of the marriage, David Horton Bucknam, was born subsequently on February 19, 1933. On February 16, 1934, the
plaintiff brought a libel for divorce in a court of competent jurisdiction at Kansas City. The defendant Robert Horton Bucknam
appeared and answered. On March 14, 1934, after hearing, a decree of divorce was entered, awarding the custody of the child
to the plaintiff, and awarding her $150 a month as alimony with $50 additional a month for the maintenance of the child, payable
on April 13, 1934, and quarterly thereafter. The decree continued: 'That by and with the consent of defendant in open Court,
the Trustees of the Estate of Mary Helen Bucknam, deceased, holding a trust in favor of the defendant, are authorized and
empowered from time to time, out of any trust funds due or to become due to defendant, to pay the above sums direct to plaintiff
and charge the same to the account of defendant.' The trustees were not before the court in the divorce proceedings.