Legal Opinion

Lenz v. Prescott

Massachusetts Supreme Judicial Court

Decided May 12, 1887PublishedCited by 28 opinions

Bill in equity, against Oliver Prescott, Frederick C. S. Bartlett, William E. Bird, Charles Greene, executor of the will of Roscoe Greene, deceased, James M. Cross, administrate!- de bonis non of the estate of Alfred Greene, deceased, and Welcome A. Greene, alleging the following facts: Thomas A. Greene died on December 14, 1867, leaving a will, which was duly proved and allowed on January 3, 1868, and which, after certain specific bequests, devised the residue of his estate…

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Bill in equity, against Oliver Prescott, Frederick C. S. Bartlett, William E. Bird, Charles Greene, executor of the will of Roscoe Greene, deceased, James M. Cross, administrate!- de bonis non of the estate of Alfred Greene, deceased, and Welcome A. Greene, alleging the following facts: Thomas A. Greene died on December 14, 1867, leaving a will, which was duly proved and allowed on January 3, 1868, and which, after certain specific bequests, devised the residue of his estate to his wife for life, and contained the following clause.: “ I give and bequeath to the children of my brother, Welcome…

1Opinion of the CourtDeyens, J.

The first ground of demurrer relied on by the defendants is, that the bill is multifarious. The object of the bill evidently is to collect a debt due from Welcome A. Greene to the plaintiff, Welcome having assigned to her, as security therefor, all his interest in the estate of his uncle, Thomas A. Greene, whether the same was derived directly under the will of said Thomas, or through the will of Roscoe Greene, or by inheritance from Alfred Greene. Roscoe -and Alfred Greene were brothers of Welcome, and, like him, residuary devisees under the will of Thomas; both died before the assignment,…

2Cases cited4 opinions

  1. McArthur v. ScottSupreme Court of the United States · 1885
  2. Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
  3. Darling v. BlanchardMassachusetts Supreme Judicial Court · 1872
  4. Pond v. PondMassachusetts Supreme Judicial Court · 1816

3Cited by28 opinions

  1. Dunphy v. Traveller Newspaper Ass'nMassachusetts Supreme Judicial Court · 1888
  2. von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
  3. Ducker v. BurnhamIllinois Supreme Court · 1893
  4. Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
  5. Cosmopolitan Trust Co. v. MitchellMassachusetts Supreme Judicial Court · 1922

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