Wadleigh v. Jordan
Supreme Judicial Court of Maine
Ox exceptions from superior court. Tlie question presented to the court by the disclosure of the-trustee is shown by the following facts: May 15, 1871, the principal defendant and the testator as surety by their promissory note of that date promised to pay the trustee or order on demand one hundred and fifty dollars with interest at nine per cent.
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Ox exceptions from superior court. Tlie question presented to the court by the disclosure of the-trustee is shown by the following facts: May 15, 1871, the principal defendant and the testator as surety by their promissory note of that date promised to pay the trustee or order on demand one hundred and fifty dollars with interest at nine per cent. And afterwards tlie principal defendant made to the trustee these payments upon the note, May 15, 1873, .twenty-five dollars, and March 29, 1875, five dollars. Testator died August 4, 1881, tbe trastee was appointed executor of tlie will by the…
1Opinion of the CourtBarrows, J.
There are insuperable objections to the disposition which the alleged trustee, as executor of the will of Ivory Jordan, proposes to make of a legacy therein given to David N. Jordan, the principal defendant.
*485Under E,. S., chap. 86, § 36, it is liable to be held upon this process, payable when the settlement of the estate has sufficiently advanced, but not relieved from the attachment which this plaintiff has placed upon it unless the facts stated in the trustee’s disclosure are such as would relieve the trustee from paying it to the principal defendant. The limitations of an executor’s…
2Cases cited2 opinions
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1812
- Clark v. MayMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Boden v. MierNebraska Supreme Court · 1904