Evans v. Wall
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 15, 1892, by the assignee in insolvency of Sarah E. Balcom, an insolvent debtor, against her and George F. Wall, as trustee under the will of James H. Wall, to reach and apply the income payable under the will to Mrs. Balcom.
Read the full summary
Bill in equity, filed in the Superior Court on August 15, 1892, by the assignee in insolvency of Sarah E. Balcom, an insolvent debtor, against her and George F. Wall, as trustee under the will of James H. Wall, to reach and apply the income payable under the will to Mrs. Balcom. The will of James H. Wall was duly admitted to probate, and by item 9 thereof he gave to his son George F. Wall one thousand dollars, in trust, to pay over the income thereof to the testator’s brother, Caleb A. Wall, during his life. He then directed that, “ in addition to said income, said trustee is authorized to…
1Opinion of the CourtAllen, J.
The defendants at the argument in this court contend that those who, at the decease of Mrs. Balcom, will be entitled to the principal of the trust fund, or to such part thereof as shall then remain unexpended or unpaid, ought to have been made parties to the bill. This objection was not taken by demurrer, plea, answer, or otherwise in the Superior Court, but is presented for the first time, and, so far as appears, without previous notice to the plaintiff, in the argument here. Under such circumstances the objection is entitled to no consideration, unless it appears that a decree for the…
2Cases cited8 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Dandridge v. Washington's ExecutorsSupreme Court of the United States · 1829
- Jewett v. TuckerMassachusetts Supreme Judicial Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Mayall v. MayallSupreme Court of Minnesota · 1896
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Gulda v. Second National BankMassachusetts Supreme Judicial Court · 1948
- Warecki v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1930
7 more not listed; retrieve them via the Exa API.