- € 0,99
RUGG, C. J. This is an action of contract whereby the plaintiffs seek to recover the sum of $1,000 alleged to be due under an agreement. The case was submitted upon the pleadings and a statement of agreed facts. The trial Judge found the facts as set forth in the statement of agreed facts and without decision reported the case to this court for its determination, such judgment to be entered as law and Justice require. The pertinent facts are these: In 1892 Francis C. Welch was appointed guardian of the defendant, then abut ten years of age, and gave bond as required by law. In December, 1902, the guardian filed a petition in the Probate Court alleging that his ward, being then more than eighteen years of age, had entered into a contract of marriage with one Herbert Thorn King, and prayed that as such guardian he might be authorized to transfer certain property then held by him as guardian to himself as trustee under an indenture annexed to the petition. The indenture was of three parts, executed in November, 1902, by and between the defendant under her maiden name, said Francis C. Welch, of the first part, Herbert Thorn King, the prospective husband of the ward, of the second part, and said Francis C. Welch as trustee under the indenture for the benefit of his ward, of the third part. The indenture contained recitals of a contract of marriage between Herbert Thorn King and said ward, and a reference to R. L. c. 153, § 28. The terms of the trust are set out, and there is annexed a schedule of shares in various corporations and other property constituting the trust estate and to be affected by the indenture. The sixth clause of the indenture is in these words: 'It is further covenanted and agreed by and between said parties that all income producing property and estate hereafter accruing to said Edith or to which she is or may be entitled by deed, bequest, inheritance or devise, shall be transferred and conveyed to said trustee, or his successor to be held by him or them upon the trusts herein declared as if the same had been originally paid over and delivered to said trustee on the execution of this Indenture.' A decree of the Probate Court entered on December 18, 1902, was to the effect that 'the said minor may join with her said guardian in making such marriage contract and for such purpose the said guardian and ward may convey her property to a trustee * * * to be held upon the trust declared in said contract * * * and such conveyance shall have like effect as if such minor was of full age.' Thereafter, from December, 1902, to the decease of the said Francis C. Welch in 1919, said Welch as trustee under the indenture, collected the income and profits of said trust and disposed of it according to the terms of the indenture. Annual accounts were rendered by the trustee of his administration of the trust, which the defendant approved. The original trustee having died, the plaintiffs in 1919 were appointed succeeding trustees under the indenture and have rendered annual accounts in writing to the defendant of their administration of the trust and the defendant has approved them.