Wells v. Banister
Massachusetts Supreme Judicial Court
The supposed trustee, on his examination in the court below, disclosed the following facts, viz.: — “ About thirty-nine years ago, Seth Banister, my father, conveyed to me a tract of land in Brookfield, which I have ever since owned. About five years since, the said Liberty Banister, who is my son. requested my license to efect a dwelling-house and other accommodations on said land.
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The supposed trustee, on his examination in the court below, disclosed the following facts, viz.: — “ About thirty-nine years ago, Seth Banister, my father, conveyed to me a tract of land in Brookfield, which I have ever since owned. About five years since, the said Liberty Banister, who is my son. requested my license to efect a dwelling-house and other accommodations on said land. I consented thereto, and at the same time, told him that at my decease, if I should leave any property to my children, I might probably bestow that part of my real estate upon him: but I made no contract or…
1Opinion of the Court
By the Court.
The facts disclosed by the person summoned as trustee in this case do not furnish a pretence for charging him. He is the owner of a tract of land, on which he had permitted the principal, his son, to build a dwelling-house for the son’s convenience and accommodation, under an expectation that the land on which the house was built, would by devise come to the son, at the death of the father. There was no contract, express or jmplied, that the father should own the house, or in any event be accountable to the son for the value of it. By the strict operation of the law, it is true…
2Cited by47 opinions
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- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Metcalf v. HartWyoming Supreme Court · 1891
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