Legal Opinion

Crocker v. Dillon

Massachusetts Supreme Judicial Court

Decided June 26, 1882PublishedCited by 33 opinions

Bill in equity by Uriel H. Crocker, who had been appointed trustee under the will of James Dillon, and administrator de bonis non, with the will annexed, of the estate of said Dillon, in place of one Rand, executor of, and trustee under, said will, who had been removed from both offices by the Probate Court, against James Dillon, Edward S. Dillon, Minnie M. Dillon, Mary E. Brigham, Perry Brigham, Salome M. Haven, Mary Dillon, Margaret Dillon and John Dillon, to obtain the…

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Bill in equity by Uriel H. Crocker, who had been appointed trustee under the will of James Dillon, and administrator de bonis non, with the will annexed, of the estate of said Dillon, in place of one Rand, executor of, and trustee under, said will, who had been removed from both offices by the Probate Court, against James Dillon, Edward S. Dillon, Minnie M. Dillon, Mary E. Brigham, Perry Brigham, Salome M. Haven, Mary Dillon, Margaret Dillon and John Dillon, to obtain the instructions of the court, upon these questions : First. Whether certain bequests to Rand and John Dillon, as trustees, on…

1Opinion of the CourtEndicott, J.

Two questions are now presented in this case: First, whether the three legacies named in the will of James Dillon to one Rand and John Dillon, as trustees for Mary E, Brigham, Perry Brigham, and Salome M. Haven respectively, have been paid to the trustees by Rand as executor. Second, whether from the income of James Dillon, who is one of the cestuis que trust under the residuary clause of the' will, the plaintiff as trustee can withhold the amount of $2505, which James Dillon has converted to his own use from the principal of the trust fund.

James Dillon died in 1872, leaving a will, in which…

2Cases cited4 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Jones v. KeenMassachusetts Supreme Judicial Court · 1874
  3. Dearth v. Hide & Leather National BankMassachusetts Supreme Judicial Court · 1868
  4. Eliott v. SparrellMassachusetts Supreme Judicial Court · 1874

3Cited by33 opinions

  1. White v. DitsonMassachusetts Supreme Judicial Court · 1885
  2. In re Higgins' EstateMontana Supreme Court · 1895
  3. Lannin v. BuckleyMassachusetts Supreme Judicial Court · 1926
  4. Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
  5. Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901

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