Sears v. Hardy
Massachusetts Supreme Judicial Court
The eirst case was a bill in equity by the heir at law of Joshua Sears against the trustees under his will, to enforce a resulting trust in the residue of his estate.
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The eirst case was a bill in equity by the heir at law of Joshua Sears against the trustees under his will, to enforce a resulting trust in the residue of his estate. The bill alleged the following facts: That Joshua Sears died on February 7, 1857, leaving the plaintiff his only child and sole heir, then a minor, and a will, dated February 5, 1857, and duly admitted to probate, as follows : “ Know all men by these presents, that I Joshua Sears, of Yarmouth in the Commonwealth of Massachusetts, merchant, do make and publish this my last will and testament as follows, to wit: I give to my…
1Opinion of the CourtGray, C. J.
The question which lies at the threshold of the investigation of this case, and the only one which the court has yet considered, is whether all the parties, who are interested in the subject matter of the suit and may be affected by the decree, are before the court, so that complete justice may be done and v ■ future litigation avoided.
Who shall be made parties to a suit in equity cannot always be determined by definite rules, but rests to some degree in the discretion of the court. Generally speaking, however, to a suit against trustees to enforce the execution of a trust, cestuis que *530trust,…
2Cases cited5 opinions
- Caldwell v. TaggartSupreme Court of the United States · 1830
- Clark v. ReyburnSupreme Court of the United States · 1869
- Dandridge v. Washington's ExecutorsSupreme Court of the United States · 1829
- Armstrong v. LearSupreme Court of the United States · 1834
- Gordon v. GreenMassachusetts Supreme Judicial Court · 1873
3Cited by50 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- BartlettMassachusetts Supreme Judicial Court · 1895
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- Heidenheimer v. BaumanTexas Supreme Court · 1892
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