Clark v. Holbrook
Massachusetts Supreme Judicial Court
Bill in equity, by the administrator and various creditors of Ruth Holbrook, against the sole heir of Joel Holbrook, and her guardian, to reach and apply to the payment of their claims certain real estate conveyed to Joel Holbrook upon his giving a bond conditioned to provide “ all things necessary ” for the “ convenience, comfort, and necessity ” of Ruth Holbrook so long as she might live. The defendant demurred to the bill for want of equity.
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Bill in equity, by the administrator and various creditors of Ruth Holbrook, against the sole heir of Joel Holbrook, and her guardian, to reach and apply to the payment of their claims certain real estate conveyed to Joel Holbrook upon his giving a bond conditioned to provide “ all things necessary ” for the “ convenience, comfort, and necessity ” of Ruth Holbrook so long as she might live. The defendant demurred to the bill for want of equity. At the hearing in the Superior Court the demurrer was sustained and the bill dismissed; and the plaintiffs appealed to this court. The facts appear in…
1Opinion of the CourtHolmes, J.
Joel Holbrook executed a bond to his mother, Ruth, conditioned for her support, and afterwards died in her lifetime. Lemuel Clark was appointed his administrator, and on Ruth’s petition was ordered to retain the money remaining in his hands, namely, $710.45, for her support, unless bond was given to expend the same in support of her if necessary. Lydia Holbrook, guardian of Joel’s only child, Flora, thereupon gave bond. The sum was expended for the purpose mentioned, but was not sufficient. Ruth died, Clark was appointed her administrator, and the question which is intended to be presented,…
2Cases cited7 opinions
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Royce v. BurrellMassachusetts Supreme Judicial Court · 1815
- Grow v. DobbinsMassachusetts Supreme Judicial Court · 1878
- Pratt v. LamsonMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922
- Coffey v. RadyMassachusetts Supreme Judicial Court · 1929
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Bassett v. DrewMassachusetts Supreme Judicial Court · 1900