Massachusetts Agencies

Foreign Trustee: Powers

Trusts and Trustees

A foreign testamentary trustee appointed by the provision of a will admitted to probate in the foreign state cannot act in Massachusetts with respect to property in the commonwealth until properly appointed by our probate court as well. See Newhall, Settlement of Estates, The Lawyers Cooperative Publishing Company, (Fourth Edition, 1958), § 70, citing Assessors of Everett v. Albert W. Parlin House, 331 Mass. 359, 118 N.E.2d 861.

Trusts: Rule Against Perpetuities

The Rule Against Perpetuities does not apply to the duration of a trust. The Rule applies to and governs the question of the period during which interests may remain unvested. In Newhall, Future Interest and the Rule Against Perpetuities in Massachusetts, Eugene W. Hildreth, Inc. (Third Edition, 1951), §49, Duration of Trusts, the author cites Harlow v. Cowdrey, 109 Mass. 183 and Minot v. Burroughs, 223 Mass. 595, and states:

The mere fact that a trust may last indefinitely does not of necessity make it invalid. Thus an estate to A and his heirs in trust for B and his heirs might last indefinitely, but is unobjectionable, because, the equitable interests being at all times vested, the trust can be terminated at any time at the option of the parties involved.