Legal Opinion

Thayer v. Paulding

Massachusetts Supreme Judicial Court

Decided October 22, 1908PublishedCited by 33 opinions

Bill in equity, filed in the Supreme Judicial Court for the county of Worcester January 25, 1907, by the executor of the will of Edward Greene, late of Worcester, alleging that, at the time of his death the testator owned three hundred seventy-five shares of the capital stock of the Rand Drill Company, that, within a year after the death of the testator, such dividends had been paid upon such stock that the amount which had been paid as dividends on one hundred twenty-five…

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Bill in equity, filed in the Supreme Judicial Court for the county of Worcester January 25, 1907, by the executor of the will of Edward Greene, late of Worcester, alleging that, at the time of his death the testator owned three hundred seventy-five shares of the capital stock of the Rand Drill Company, that, within a year after the death of the testator, such dividends had been paid upon such stock that the amount which had been paid as dividends on one hundred twenty-five shares was $825.16, that the will contained the following clause: “ I give and bequeath to my steadfast friend James P.…

1Opinion of the CourtKnowlton, C. J.

In the will of Edward Greene there is a legacy to James P. Paulding of “ one hundred and twenty-five shares of the capital stock of the Rand Drill Company of New York, a corporation, . . . together with all the rights and privileges which may now or hereafter appertain to the same.” Within less than one year after the death of the testator, dividends on this stock amounting to $825.16 were paid to the plaintiff as executor, and the question presented is whether these dividends should be paid to the legatee, or used as a part of the general funds of the estate. This involves the question…

2Cases cited11 opinions

  1. Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
  2. Tifft v. . PorterNew York Court of Appeals · 1853
  3. Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
  4. Johnson v. GossMassachusetts Supreme Judicial Court · 1880
  5. Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887

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3Cited by33 opinions

  1. In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
  2. In Re Parker's EstateDistrict Court of Appeal of Florida · 1959
  3. Fidelity Title & Trust Co. v. YoungSupreme Court of Connecticut · 1924
  4. Moffatt v. HeonMassachusetts Supreme Judicial Court · 1922
  5. In re the Construction of the Last Will & Testament of StrasenburghNew York Surrogate's Court · 1928

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