Amory v. Lowell
Massachusetts Supreme Judicial Court
Bill in equity. At the hearing in this court, it appeared that the plaintiffs are the children of Francis Amory, late of Milton, who died in 1845, and devised the larger portion of his estate to the defendant and three other persons, in trust, and appointed them executors of his will; both of which trusts were declined by all except the defendant.
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Bill in equity. At the hearing in this court, it appeared that the plaintiffs are the children of Francis Amory, late of Milton, who died in 1845, and devised the larger portion of his estate to the defendant and three other persons, in trust, and appointed them executors of his will; both of which trusts were declined by all except the defendant. The testator’s whole real estate was appraised at the sum of $196,575, and his personal estat at the sum of $7324.89. The real estate not specifically devisea was appraised at $181,000. His debts amounted to $60,000, and the legacies given in his…
1Opinion of the CourtChapman, J.
The application of the rents which belonged to the plaintiffs to the payment of debts and legacies, by their consent, was as much a payment by them as if they had advanced other money for the purpose. Their claim to reimbursement *507may be maintained, either as a right to an equitable contribution, or as a right of subrogation. A reimbursement of the money which has thus been advanced by the plaintiffs to pay these claims, amounts to a contribution by all parties interested in the property in proportion to their respective interests; and it regards the plaintiffs as having the same equitable…
2Cited by2 opinions
- In Re LeuppNew Jersey Court of Chancery · 1931
- Wodehouse v. RobinsonHawaii Supreme Court · 1923