Legal Opinion

Holcomb v. Palmer

Supreme Judicial Court of Maine

Decided September 8, 1909PublishedCited by 3 opinions

On exceptions by trustees. Trustee process in an action of assumpsit against the principal defendant, who was one of the residuary legatees under the will of his mother, and the three executors of said will alleged trustees of the principal defendant.

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On exceptions by trustees. Trustee process in an action of assumpsit against the principal defendant, who was one of the residuary legatees under the will of his mother, and the three executors of said will alleged trustees of the principal defendant. The principal defendant did not appear, but the alleged trustees appeared and filed their disclosure and after hearing thereon were charged for certain personal property in their hands as executors aforesaid, as belonging to the principal defendant. To the ruling charging them as aforesaid the alleged trustees excepted. The case is stated in the…

1Opinion of the CourtCornish, J.

The contention in this case arises over a trustee disclosure and depends upon the construction of the residuary clause in the will of Elizabeth Chase Palmer who died testate on September 30, 1907.

No defense is made by the principal defendant, Clinton C. Palmer, to the suit, which is an action of assumpsit on two promissory notes given by him, and at the hearing before the presiding Justice, the alleged trustees, who are the executors of said will, were charged for certain personal property in their hands as belonging to said Clinton C. Palmer, one of the residuary legatees thereunder. The…

2Cases cited11 opinions

  1. Dulin v. MooreTexas Supreme Court · 1902
  2. Mee v. . GordonNew York Court of Appeals · 1907
  3. Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
  4. Chauncey v. FrancisMassachusetts Supreme Judicial Court · 1902
  5. Chauncey v. SalisburyMassachusetts Supreme Judicial Court · 1902

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First National Bank of Ft. Smith v. MarreSupreme Court of Arkansas · 1931
  2. Groenveld v. ShotwellSouth Dakota Supreme Court · 1932
  3. Eaton v. MacDonaldSupreme Judicial Court of Maine · 1958

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