Campbell v. Sheldon
Massachusetts Supreme Judicial Court
This was a bill in equity, brought by John Campbell, of Charleston, South Carolina, and Isabella S. Marshall, of New York, an infant, against Thomas Sheldon, the executor of the last will of Henry Sheldon, and Eliza A. Sheldon and others, legatees under the same will.
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This was a bill in equity, brought by John Campbell, of Charleston, South Carolina, and Isabella S. Marshall, of New York, an infant, against Thomas Sheldon, the executor of the last will of Henry Sheldon, and Eliza A. Sheldon and others, legatees under the same will. The bill alleges, that on July 27, 1819, John Marshall, of Charleston, made his will, in which he gave to his wife, Eliza A. Marshall, all his estate, real and personal, and appointed the plaintiff, Campbell, one of his executors ; that Marshall died on June 7, 1820, and that his will was proved, on July 24, 1820, in the…
1Opinion of the Court
Shaw C. J.
The first cause of demurrer presented in the argument, is that John Campbell, one of the plaintiffs, and who is stated to have been a co-trustee with Henry Sheldon, in the deed of trust from Ezra L. Miller, has not made his affidavit, setting forth that the deed is not in his possession or power, and that he does not know where it is, unless it is in the hands of the defendants, or some one of them. Such an affidavit has been made by Isabella S. Marshall, the other plaintiff, and by Samuel A. Porter, who sues as her next friend ; but it is insisted on, as good cause of demurrer,…
2Cases cited4 opinions
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1807
- Mitchel v. LuntMassachusetts Supreme Judicial Court · 1808
- In the case of Huff's EstateSupreme Court of Pennsylvania · 1826