Tod v. Mitchell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on January 26, 1916, and amended on February 16, 1917, by Emily Tod of Liverpool in England, the widow of James Tod, late of Malden, who died on January 26, 1915, against the executors of the will of James Tod, praying that the defendants be restrained from collecting a note made by the testator for $5,000 payable to the defendant William G. Mitchell out of the assets of the.estate of the testator in Massachusetts and that…
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Bill in equity, filed in the Supreme Judicial Court on January 26, 1916, and amended on February 16, 1917, by Emily Tod of Liverpool in England, the widow of James Tod, late of Malden, who died on January 26, 1915, against the executors of the will of James Tod, praying that the defendants be restrained from collecting a note made by the testator for $5,000 payable to the defendant William G. Mitchell out of the assets of the.estate of the testator in Massachusetts and that they be ordered to collect the expenses of administration and the debts of the estate of James Tod out of the assets of…
1Opinion of the CourtPierce, J.
This is a bill to marshal the assets of a Massachusetts testator for the benefit of his widow. It comes before this court upon a reservation of the bill as amended and a demurrer thereto.
The amended bill alleges in substance that the plaintiff, now living in England, is the lawful widow of James Tod, who died on January 26, 1915, a resident of and domiciled at Malden, Massachusetts, without issue and testate; that the testator in round numbers left an estate of $23,000, made up of real estate in England worth $15,000, real estate in Massachusetts worth $4,000, and personal property in…
2Cases cited9 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
- Rice v. . HarbesonNew York Court of Appeals · 1876
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Minot v. PaineMassachusetts Supreme Judicial Court · 1918
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Lenn v. RicheMassachusetts Supreme Judicial Court · 1954
- Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
- Wright v. MacomberMassachusetts Supreme Judicial Court · 1921
1 more not listed; retrieve them via the Exa API.