Second Religious Society v. Harriman
Massachusetts Supreme Judicial Court
Contract for money had and received. Writ dated April 29, 1875. The answer set up the statute of limitations. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts in substance as follows: The will of Ephraim Foster of Boxford, dated January 3, 1835, contained, besides other provisions, the following: “ And further at the decease of my said wife Orissa, all of the above property left in trust for her…
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Contract for money had and received. Writ dated April 29, 1875. The answer set up the statute of limitations. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts in substance as follows: The will of Ephraim Foster of Boxford, dated January 3, 1835, contained, besides other provisions, the following: “ And further at the decease of my said wife Orissa, all of the above property left in trust for her benefit shall be disposed of as follows, that is, fifteen hundred dollars of the same shall be given to the West Parish in…
1Opinion of the CourtLord, J.
By the agreed facts, we understand that the parties
wish to waive all matters of form and of process, and to desire the opinion of the court upon the question, whether the plaintiff, at the day of the date of the writ, was entitled to the funds given to it by the will of the late Ephraim Foster. The question is not one of pleading, but is to be decided irrespective of the mode of proceeding; and if, in any process with proper parties in law or in equity, the plaintiff is entitled to hold and administer the trust created by the will, judgment is to be entered for the plaintiff, with this single…
2Cited by11 opinions
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- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Stratton v. Physio-Medical CollegeMassachusetts Supreme Judicial Court · 1889
- Massachusetts Charitable Mechanic Ass'n v. BeedeMassachusetts Supreme Judicial Court · 1947
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