Kellogg v. Waite
Massachusetts Supreme Judicial Court
Appeal from the taxation of costs in a trustee process brought originally before a trial justice, by whom judgment was ordered for the discharge of the trustee on his answer; from which the plaintiff appealed to the superior court, where judgment was ordered charging the trustee; from which the defendant appealed to this court, where the latter judgment was affirmed, as reported 12 Allen, 529. In taxing the costs of the trustee, the clerk of the superior court disallowed all…
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Appeal from the taxation of costs in a trustee process brought originally before a trial justice, by whom judgment was ordered for the discharge of the trustee on his answer; from which the plaintiff appealed to the superior court, where judgment was ordered charging the trustee; from which the defendant appealed to this court, where the latter judgment was affirmed, as reported 12 Allen, 529. In taxing the costs of the trustee, the clerk of the superior court disallowed all items claimed by him as accruing after the latter appeal; the superior court affirmed the dis-allowance ; and the…
1Opinion of the CourtFoster, J.
By the provisions of the Gen. Sts. c. 142, §§ 60-74, a trustee is entitled to costs of travel and term fees at every term until he is charged or discharged. Where a claimant to the fund in the hands of the alleged trustee intervenes, there can be no determination as to the liability of the trustee until such claim has been finally disposed of. Croxford v. Massachusetts Cotton Mills, 15 Gray, 72. Morrison v. McDermott, 6 Allen, 122. Where the question of the trustee’s liability is made the subject of an appeal, this rule continues applicable until the appeal is determined. Holbrook v. Waters,…
2Cases cited2 opinions
- Winthrop v. CarltonMassachusetts Supreme Judicial Court · 1812
- Wood v. GoodridgeMassachusetts Supreme Judicial Court · 1850
3Cited by5 opinions
- Butler v. ButlerMassachusetts Supreme Judicial Court · 1895
- Sprague v. AuffmordtMassachusetts Supreme Judicial Court · 1903
- Wasson v. BowmanMassachusetts Supreme Judicial Court · 1875
- Neszery v. BeardMassachusetts Supreme Judicial Court · 1916
- Provost v. PicheSupreme Judicial Court of Maine · 1900