Mason v. Mason's Executors
Supreme Court of Vermont
Appear in Chancery. Heard on demurrer to the bill at the December Term, 1902, Bennington County, Munson, Chancellor. Demurrer sustained, and bill adjudged insufficient. The orator appealed. The op-inion states the case. Wherever a fiduciary relation exists, the right to an action in equity is well settled.
Read the full summary
Appear in Chancery. Heard on demurrer to the bill at the December Term, 1902, Bennington County, Munson, Chancellor. Demurrer sustained, and bill adjudged insufficient. The orator appealed. The op-inion states the case. Wherever a fiduciary relation exists, the right to an action in equity is well settled. Barnes v. Dow, 59 Vt. 531; Hale v. Hale, 4 Humph. 183; Dyckmcm v. Valiente, 42 N. Y. 549; Suydam v. Bastedo, 40 N. J. Eq. 433; Tateum v. Ross, 150 Mass. 440. Whenever it appears that no other heir or creditor is interested they need not be joined as parties. Bellows v. Sowles, 57 Vt. 411.…
1Opinion of the CourtStafford, J.
Silas Mason and his son Marshall were partners in trade for two or three years, and then Marshall died. His father wound up the business and turned' the assets into' money which he held thereafter until his own death,, nearly twenty years later. An accounting would have shown a considerable sum1 due to Marshall at the time of his death. The orator is the son and only heir of Marshall and, being a minor, brings this bill by his mother, as next friend, against the defendants as executors of Silas’s will. The orator is informed and believes that papers and books of account of the partnership',…
2Cases cited1 opinion
- Robinson v. SwiftSupreme Court of Vermont · 1830
3Cited by4 opinions
- Magee v. MageeMassachusetts Supreme Judicial Court · 1919
- Trincia v. TestardiCourt of Chancery of Delaware · 1947
- Marsh v. MarshSupreme Court of Vermont · 1906
- Thum v. O'DeaVermont Superior Court · 2014