Bowers v. Cutler
Massachusetts Supreme Judicial Court
Bill in equity, filed in June, 1891, to enforce an alleged trust upon a parcel of land in Springfield. The case was referred to a master. On the filing of his report the plaintiff moved that the case be recommitted to him to report certain evidence. The motion was denied, and the bill dismissed, with costs; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
Three persons are named as defendants in the bill, and all are described as living out of the State. Notice by publication was ordered, and two of the defendants appeared and answered, denying the material allegations of the bill. They also alleged that the other defendant, the one first named in the bill, died after the filing of the bill and before the order of publication, leaving a will, the probate of which was then pending in the State of New York, and that no administrator of her estate had been appointed in this Commonwealth.
The plaintiff thereupon joined issue on the defendants’…
2Cases cited2 opinions
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Freeland v. WrightMassachusetts Supreme Judicial Court · 1891
3Cited by7 opinions
- Fay v. CorbettMassachusetts Supreme Judicial Court · 1919
- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Eddy v. FoggMassachusetts Supreme Judicial Court · 1906
- Whitney v. Cheshire RailroadMassachusetts Supreme Judicial Court · 1911
- Marra v. BigelowMassachusetts Supreme Judicial Court · 1901
2 more not listed; retrieve them via the Exa API.