Ashley v. Winkley
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 14,1908, by the beneficiaries under an express trust, called the “ Copley Square Hotel Trust,” against those who then were trustees thereunder, Robert L. Winkley and Frederic Pope, for an accounting.
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Bill in equity, filed in the Superior Court on May 14,1908, by the beneficiaries under an express trust, called the “ Copley Square Hotel Trust,” against those who then were trustees thereunder, Robert L. Winkley and Frederic Pope, for an accounting. The case was referred to Robert D. Weston, Esquire, as master.* In his report he stated, among other facts, that the declaration of trust was dated January 22, 1892; that the trust property included about eleven thousand square feet of land on the corner of Huntington Avenue and Exeter Street in Boston and a hotel building thereon, of a value…
1Opinion of the CourtBraley, J.
The defendants are trustees under an express trust, and in accounting for their administration of the property which they admit that they have received, the burden is on them to show' that in the discharge of their duties they have exercised reasonable skill, prudence and judgment. Andrews v. Tuttle-Smith Co. 191 Mass. 461. Pine v. White, 175 Mass. 585. Little v. Phipps, 208 Mass. 331. If we examine the allegations of the bill, they are charged with having failed to protect the property from foreclosure of a second mortgage whereby the equity of redemption was lost, and generally that they…
2Cases cited8 opinions
- Little v. PhippsMassachusetts Supreme Judicial Court · 1911
- Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
- Hayes v. HallMassachusetts Supreme Judicial Court · 1905
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
- Cunningham v. PellNew York Court of Chancery · 1836
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3Cited by28 opinions
- Lewis v. EmersonMassachusetts Supreme Judicial Court · 1984
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
23 more not listed; retrieve them via the Exa API.