Dorsey v. Corkery
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme, Judicial Court under R. L. c. 147, § 5, seeking the appointment of a trustee under a written instrument to fill a vacancy caused by the resignation of the former trustee, the instrument making no provision for the appointment. The defendants filed a plea in bar, described in the opinion. A final decree was entered overruling the plea and appointing a trustee. The defendants appealed.
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Bill in equity, filed in the Supreme, Judicial Court under R. L. c. 147, § 5, seeking the appointment of a trustee under a written instrument to fill a vacancy caused by the resignation of the former trustee, the instrument making no provision for the appointment. The defendants filed a plea in bar, described in the opinion. A final decree was entered overruling the plea and appointing a trustee. The defendants appealed. R. L. c. 147, § 5, is as follows: “ If a trustee under a written instrument declines, resigns, dies or is removed before the objects of the trust are accomplished and such…
1Opinion of the CourtPierce, J.
This is a bill in equity under R. L. c. 147, § 5, to fill a vacancy caused by the resignation of a trustee under a written instrument which makes no adequate provision for supplying the vacancy. The bill was filed in this court on March 23, 1916, by the defendant in the suit of Corkery v. Dorsey, 223 Mass. 97, then pending, after rescript, before a single justice, but was not filed by the direction of the justice or in connection with the pending suit.
On March 24, 1916, the present appellants filed a plea in bar wherein in substance it is alleged that the appellants filed a petition on March…
2Cases cited7 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Corkery v. DorseyMassachusetts Supreme Judicial Court · 1916
- Farley v. KittsonSupreme Court of the United States · 1887
- Stearns v. StearnsMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. Suffolk Trust Co.Massachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Reilly v. Selectmen of BlackstoneMassachusetts Supreme Judicial Court · 1929
- Berenson v. FrenchMassachusetts Supreme Judicial Court · 1928
- Derby v. DerbyMassachusetts Supreme Judicial Court · 1924
- West v. Day Trust Co.Massachusetts Supreme Judicial Court · 1952
8 more not listed; retrieve them via the Exa API.