Blodgett v. Hildreth
Massachusetts Supreme Judicial Court
Bill in equity by the heirs of Sarah M. Blodgett, to redeem one undivided half of a rarcel of land in Townsend from a mortgage held by the defendant.
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Bill in equity by the heirs of Sarah M. Blodgett, to redeem one undivided half of a rarcel of land in Townsend from a mortgage held by the defendant. At the hearing, before Morton, J., there appeared the following facts, on which the case was reserved for the consideration of the full court. - John W. Swallow, owning the land in question, mortgaged it to Jepthah Cummings, and died in 1840, intestate, leaving his four sisters, Alice M. Swallow, Sophronia Swallow, Sarah M. Blodgett, and Lucinda S. Hildreth, his heirs. No administration was taken on his estate. In 1843, Alice, Sarah and Lucinda…
1Opinion of the CourtWells, J.
1. The writing produced in this case is not sufficient to satisfy the requirements of the statute of frauds. It fails to identify the property or interests to which it relates, or to afford means by which its identity may be made certain. It does not disclose the terms of the trust, or the conditions upon which the sister was entitled to have the deeds surrendered to her. The trust must be established, if at all, by implication of law.
2. As to Sophronia’s original share of the land, the case stands merely upon an oral agreement to hold it for the benefit of Lucinda, and payment of the value…
2Cases cited4 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Rogers v. MurrayNew York Court of Chancery · 1831
- Squire v. HarderNew York Court of Chancery · 1829
- Forsyth v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by41 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Troll v. CarterWest Virginia Supreme Court · 1879
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