National Bank of Commerce v. Smith
Supreme Court of Rhode Island
Bill in Equity to establish a lien and for an account. On demurrer to the bill, and subsequently on the sufficiency of the plea. Then heard on bill, answers, and proof. Amos D. Smith, of Providence, died January 21, A. D. 1877, leaving a last will and testament, which was duly proved, February 20, A. d. 1877, before the Probate Court of the city of Providence, and is as follows : — In the Name oe God. Amen.
Read the full summary
Bill in Equity to establish a lien and for an account. On demurrer to the bill, and subsequently on the sufficiency of the plea. Then heard on bill, answers, and proof. Amos D. Smith, of Providence, died January 21, A. D. 1877, leaving a last will and testament, which was duly proved, February 20, A. d. 1877, before the Probate Court of the city of Providence, and is as follows : — In the Name oe God. Amen. I, Amos D. Smith, of Providence, in the County of Providence and State of Rhode Island, merchant, being of sound and disposing mind and memory, and yet mindful of the uncertainty of human…
1Opinion
The bill as originally framed proceeded upon the theory that the trusts created by the will of Amos D. Smith terminated at the expiration of ten years after his decease, and prayed for an account of the trust estate in the hands of the trustees. The court having found that said trusts did not expire at the end of ten years, and that so long as the trusts continued, Amey A. Smith, the widow of Amos D. Smith, was entitled to the annuity provided in the will, and that such annuity was superior to the rights of creditors, the complainants now seek to amend the bill so as to have their claims as…
2Cases cited4 opinions
- Walden v. BodleySupreme Court of the United States · 1840
- Carey v. SmithSupreme Court of Georgia · 1852
- Fenno v. CoulterSupreme Court of Arkansas · 1853
- Codington v. MottNew Jersey Court of Chancery · 1862