Colbert v. Hennessey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing situation where testator knows he is appointing interested person as fiduciary from that in which fiduciary uses position to gain control of the estate’s assets
• voting trust was valid where “securing] corporate control of [the corporation] to those whose enterprise sponsored it and who contributed to the daily operation of the business” was not a “palpably unreasonable” purpose
• Holmes, C.J., anticipated that corporations would want stock restrictions “to retain!] the right to choose one’s associates . . .”
• executor’s position as director and president of company in which the estate owned a large percentage of stock was insufficient to create a conflict of interest
• restrictions that attach to stock certificates may also apply to voting trust certificates

Source: CourtListener parenthetical corpus (CC0).