Legal Opinion

Guptill v. Ayer

Massachusetts Supreme Judicial Court

Decided March 5, 1889PublishedCited by 4 opinions

Scire facias to charge as trustee the executor of the will of Joseph Kelley, who was summoned as trustee of Henry H. Packer in an action brought by the plaintiffs against Packer. Writ dated January 26, 1888. The answer was as follows: “1. Nul tiel record.

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Scire facias to charge as trustee the executor of the will of Joseph Kelley, who was summoned as trustee of Henry H. Packer in an action brought by the plaintiffs against Packer. Writ dated January 26, 1888. The answer was as follows: “1. Nul tiel record. “ 2. The defendant says that, as executor of the estate of said Kelley, he gave, in June, 1884, a bond for the faithful discharge of his trust; that this suit was not commenced within two years from the time of the giving of said bond, as required by Pub. Sts. c. 186, § 9 ; that therefore said defendant cannot be held to answer to…

1Opinion of the CourtMorton, C. J.

This case comes before us in an unusual manner. Our statutes contemplate that, in scire facias under the trustee process, the trustee shall answer under oath, and not by attorney; and his answers are to be taken as true, and if it appears from these that he has not in his hands any goods, effects, or credits of the principal defendant for which he is chargeable as trustee, he is entitled to judgment upon the scire facias. Pub. Sts. c. 183, § 53. Fay v. Sears, 111 Mass. 154. Tryon v. Merrill, 116 Mass. 299. First National Bank of Clinton v. Bright, 126 Mass. 535.

But as both parties desire to…

2Cases cited4 opinions

  1. Fay v. SearsMassachusetts Supreme Judicial Court · 1872
  2. First National Bank of Clinton v. BrightMassachusetts Supreme Judicial Court · 1879
  3. Patterson v. PattenMassachusetts Supreme Judicial Court · 1819
  4. Tryton v. MerrillMassachusetts Supreme Judicial Court · 1874

3Cited by4 opinions

  1. Cavanaugh v. Merrimac Hat Co.Massachusetts Supreme Judicial Court · 1913
  2. Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1917
  3. Hurlburt Bros. v. HindeSupreme Court of Vermont · 1913
  4. John A. Wogan, Inc. v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922

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