Reggio v. Warren
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on December 9,1909, by a legatee under the will of Andrew Carney, who also was one of the trustees under that will, against his co-trustee, seeking to set aside a certain release executed by the plaintiff and to have paid to the plaintiff the share of the estate to which he would have been- entitled had the release not been executed.
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Bill in equity, filed in the Supreme Judicial Court on December 9,1909, by a legatee under the will of Andrew Carney, who also was one of the trustees under that will, against his co-trustee, seeking to set aside a certain release executed by the plaintiff and to have paid to the plaintiff the share of the estate to which he would have been- entitled had the release not been executed. The allegations of the bill were as follows: 1. That the defendant, Winslow Warren, was duly appointed trustee under the will of Andrew Carney, deceased, by the Probate Court for the county of Suffolk in 1887,…
1Opinion of the CourtSheldon, J.
We assume, under the language of the reservation, that these remaindermen who at their request have been *532admitted as parties defendant, did not waive their demurrer by going to a hearing on the merits.
They contend that the bill upon its face shows negligence in the plaintiff, on the grounds that he did nothing to ascertain by his own investigation the facts upon which his right depended, or to determine what his rights were; that he relied merely on the assurances of his co-trustees, believing in their judgment and wisdom, and now resting upon an allegation that he and “ all of the trustees…
2Cases cited33 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Griswold v. HazardSupreme Court of the United States · 1891
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
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3Cited by66 opinions
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934
- Franz v. FranzMassachusetts Supreme Judicial Court · 1941
61 more not listed; retrieve them via the Exa API.