Clarke v. Fay
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 3, 1908, under R. L. c. 159, § 3, cl. 7, by a creditor of Franklin L. Fay, seeking to reach and apply to the payment of the debt due to the plaintiff the interest of Franklin L. Fay under the provisions of the will of his grandfather, who also was named Franklin L. Fay.
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Bill in equity, filed in the Superior Court on September 3, 1908, under R. L. c. 159, § 3, cl. 7, by a creditor of Franklin L. Fay, seeking to reach and apply to the payment of the debt due to the plaintiff the interest of Franklin L. Fay under the provisions of the will of his grandfather, who also was named Franklin L. Fay. Upon the suggestion of bankruptcy of the defendant Franklin L. Fay, Rufus B. Sprague, the trustee in bankruptcy of his estate, was admitted as a party defendant. The case was heard by Wait, J., who was of opinion that the defendant Franklin L. Fay had an interest which…
1Opinion of the CourtRugg, J.
This is a bill in equity brought by a creditor of Franklin L. Fay to reach and apply his interest under the will of his grandfather, Franklin L. Fay, toward the payment of the plaintiff’s debt. More than four months after the filing of the bill the defendant was adjudicated a bankrupt, and his trustee has become a party hereto. The testator at his death in 1885 left five daughters and one son, the latter being the father of the defendant. The will created certain trusts for the benefit of the widow and a brother of the testator during their several lives, the other provisions of the will…
2Cases cited50 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Moore v. LyonsNew York Supreme Court · 1840
- Scott v. WestWisconsin Supreme Court · 1885
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
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3Cited by59 opinions
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- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
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