Bassett v. Crafts
Massachusetts Supreme Judicial Court
Contract against the sureties on a bond executed on May 3, 1871, by them, and by A. P. Peck as principal to the judge of the Probate Court for the county of Hampshire, in the penal sum of $15,000, and conditioned for the faithful performance by Peck of the duties of trustee under a marriage settlement.
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Contract against the sureties on a bond executed on May 3, 1871, by them, and by A. P. Peck as principal to the judge of the Probate Court for the county of Hampshire, in the penal sum of $15,000, and conditioned for the faithful performance by Peck of the duties of trustee under a marriage settlement. The answer contained a general denial; and alleged that the bond was void, and that the Probate Court had no jurisdiction to appoint Peck trustee, or to require or take the bond. The case was submitted to this court on agreed facts, in substance as follows: In 1822, James Hibben, Jr., of the…
1Opinion of the CourtEndicott, J.
Under this marriage settlement, no provision is made for the appointment of a trustee or trustees to fill vacancies after the death of Mr. and Mrs. Hibben; and, as the parties interested, or some of them, resided here, and portions of the trust estate were invested in this county, the Probate Court had jurisdiction of the subject matter, and authority to appoint Peck trustee under the marriage settlement. Gen. Sts. c. 100, § 9. This section provides that “ the Probate Court or Supreme Judicial Court shall, after notice to all persons interested, appoint a new trustee.” This imposes a duty on…
2Cases cited1 opinion
- Conant v. NewtonMassachusetts Supreme Judicial Court · 1879
3Cited by12 opinions
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- McCooey v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- McCarron v. New York Central RailroadMassachusetts Supreme Judicial Court · 1921
- McKim v. DoaneMassachusetts Supreme Judicial Court · 1884
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