157 Mass. 47 | Mass. | 1892
The St. of 1887, c. 214, § 73, and the Pub. Sts. c. 119, § 167, do not control this case. Although undoubtedly in the event which has happened Mr. Bancroft is the person to whom the money was payable, yet by the terms of the policy it was payable to him as “ trustee for Harriet Prescott,” and the question is what is the nature of the trust. It is settled that a trust in personal property can be shown by oral testimony, and the word “ trustee ” does not conclusively define the nature of the trust. Davis v. Coburn, 128 Mass. 377. Chace v. Chapin, 130 Mass. 128. Chase v. Perley, 148 Mass. 289. On the face of the policies, the money was not to be paid by the insurance company, in any event, to Harriet Prescott; it was to be paid to the
Decree accordingly.