Mason v. Pomeroy
Massachusetts Supreme Judicial Court
Two petitions, by William Turnbull and Charles Atwater, two of the trustees under the will of Theodore Pomeroy, one filed on May 8,1891, in the ease of Mason v. Pomeroy, after the decision in that case reported in 151 Mass. 164, and the other in the case of Turnbull v. Pomeroy, also pending in this court, to “ settle and determine the respective accounts of the trustees and their acts and doings in the premises, and the equities therein, and the amounts for which they are…
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Two petitions, by William Turnbull and Charles Atwater, two of the trustees under the will of Theodore Pomeroy, one filed on May 8,1891, in the ease of Mason v. Pomeroy, after the decision in that case reported in 151 Mass. 164, and the other in the case of Turnbull v. Pomeroy, also pending in this court, to “ settle and determine the respective accounts of the trustees and their acts and doings in the premises, and the equities therein, and the amounts for which they are respectively entitled to indemnity from the trust estate, and the rights of the creditors thereunder.” The petition in the…
1Opinion of the CourtHolmes, J.
The more important of these cases is a petition in the cause of Mason v. Pomeroy, stated in 151 Mass. 164. The petition is filed by Turnbull and Atwater, two of the trustees under the will of Theodore Pomeroy, and practically seeks to obtain a reconsideration of the former decision, or at least to avoid its effect. It is unnecessary to state what is to be read in the former report. The suggestion now is that creditors of trustees can come against the trust fund only by way of subrogation to the right of the trustees; that the debts which were incurred while Silas Harris Pomeroy was managing…
2Cases cited1 opinion
- Mason v. PomeroyMassachusetts Supreme Judicial Court · 1890
3Cited by2 opinions
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- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1920