Chace v. Gardner
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ dated July 21, 1914, against the executor of. the will of Katherine F. Gardner, late of Swansea, the aunt of the plaintiff, praying that a trust in favor of the plaintiff be established in a fund of $2,500 in the hands of the defendant as executor, which constituted the proceeds fromthe sale of certain real estate in Swansea, as described in the opinion.
Read the full summary
Bill in equity, inserted in a common law writ dated July 21, 1914, against the executor of. the will of Katherine F. Gardner, late of Swansea, the aunt of the plaintiff, praying that a trust in favor of the plaintiff be established in a fund of $2,500 in the hands of the defendant as executor, which constituted the proceeds fromthe sale of certain real estate in Swansea, as described in the opinion. In the Superior Court the case was heard by Dubuque, J., who made findings of fact, which are stated in substance in the Qpinion, and ruled that-upon the facts found the plaintiff was entitled to…
1Opinion of the Court
Carroll, J., It was found by the judge who heard this suit, in equity that the plaintiff’s father, Charles F. Chace, and Katherine F. Gardner (brother and sister) owned two tracts of land in Swansea; that by partition proceedings one tract was set off to Charles and one to Katherine; that on September 18,1880, Charles conveyed to his sister the parcel owned by him, by warranty deed in the usual form, without consideration being paid by the grantee *535to the grantor, upon the oral agreement that she should hold the land in trust for her own benefit during her life, and after her death it was to…
2Cases cited12 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Bork v. . MartinNew York Court of Appeals · 1892
- Logan v. BrownSupreme Court of Oklahoma · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cadillac Automobile Co. of Boston v. EngeianMassachusetts Supreme Judicial Court · 1959
- Druker v. DrukerMassachusetts Supreme Judicial Court · 1929
- Ranicar v. GoodwinMassachusetts Supreme Judicial Court · 1951
- Ross v. RossMassachusetts Appeals Court · 1974
- Angelo Minella, Bankrupt v. H. A. Phillips, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1957
9 more not listed; retrieve them via the Exa API.