Brooks v. Tarbell
Massachusetts Supreme Judicial Court
Bill in equity by the heirs of Phelps Brooks against Thomas F. Tarbell, Samuel Brooks and "Walter Fessenden. The bill alleged that Samuel Brooks, Senior, owning parcels of land in Townsend, and in Brooklyn in the state of New Hampshire, conveyed them by indenture, dated September 27, 1847, to Tarbell, to hold in trust for the support of the grantor during his life, then for the support of Phelps Brooks and his wife during their lives, and after their decease to convey the…
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Bill in equity by the heirs of Phelps Brooks against Thomas F. Tarbell, Samuel Brooks and "Walter Fessenden. The bill alleged that Samuel Brooks, Senior, owning parcels of land in Townsend, and in Brooklyn in the state of New Hampshire, conveyed them by indenture, dated September 27, 1847, to Tarbell, to hold in trust for the support of the grantor during his life, then for the support of Phelps Brooks and his wife during their lives, and after their decease to convey the land to the heirs of Phelps Brooks in fee, and Tarbell in the indenture accepted the trusts and covenanted to perform them…
1Opinion of the CourtChapman, C. J.
Since the existence of the provision contained in Gen. Sts. c. 113, § 10, the decree of a judge on the subject of framing issues to a jury is subject to the right of appeal, but it has never been subject to exception. Stockbridge Iron Co. v. Hudson Iron Co. 102 Mass. 45. Wright v. Wright, 13 Allen, 207. We have no power, therefore, to revise the rulings of the judge on this point.
It appears that Samuel Brooks, Senior, who was the owner of the real estate in controversy, made a deed to the defendant Thomas F. Tarbell, to hold in trust for the support of the grantor during his life; then for…
2Cases cited4 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Ela v. EdwardsMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Davis v. DavisMassachusetts Supreme Judicial Court · 1878
- Harris v. MackintoshMassachusetts Supreme Judicial Court · 1882
- In re AtcherleyHawaii Supreme Court · 1918