Abbott v. Foote
Massachusetts Supreme Judicial Court
Bill in equity, filed December 6, 1886, against Henry W. Foote, trustee under the will of Eliza A. Dwight, and against Chapman Dwight, her son, to compel the payment of the income of a trust fund, created by the will for the latter’s benefit, to the plaintiff as his assignee. Hearing on the bill, answers, and agreed facts, before 0. Allen, J., who reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
Mrs Dwight, by her will, gave to the defendant Foote, as trustee, a fund, upon the trusts to pay the *334income to her son, Chapman Dwight, during his life, and upon his death to divide the principal among his children. After her death, Chapman Dwight, for a valuable consideration, assigned to the plaintiff all his interest under his mother’s willand this suit is brought to require the trustee to pay to the plaintiff the income of the fund. The defence is, that Chapman Dwight owes the trustee, in his individual capacity, a sum of money borrowed before Mrs. Dwight’s death, and he claims the right…
2Cases cited1 opinion
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
3Cited by16 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
- Rossi Bros. v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1933
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Lane v. Volunteer Co-operative BankMassachusetts Supreme Judicial Court · 1940
11 more not listed; retrieve them via the Exa API.