O'Donnell v. Barbey
Massachusetts Supreme Judicial Court
Bill in equity, filed April 9, 1879, by a creditor of the estate of Cyrus Brooks, against Jacob A. Barbey, the executor of the will of Brooks, and Silas Carleton, praying that a certain parcel of land in Cambridge should be declared to be assets of the estate of Brooks, and subject to his debts, and that Carleton, in whom was the record title, should convey the same. The bill was taken for confessed against Carleton. Barbey appeared and filed an answer.
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Bill in equity, filed April 9, 1879, by a creditor of the estate of Cyrus Brooks, against Jacob A. Barbey, the executor of the will of Brooks, and Silas Carleton, praying that a certain parcel of land in Cambridge should be declared to be assets of the estate of Brooks, and subject to his debts, and that Carleton, in whom was the record title, should convey the same. The bill was taken for confessed against Carleton. Barbey appeared and filed an answer. The case was heard on the pleadings and the report of a master by Colt, J., who reserved for the consideration of the full court the…
1Opinion of the CourtSoule, J.
The defendant Barbey and his wife agreed orally with Cyrus Brooks to take care of him during his life, and bury him when dead, in consideration of having all his property after his death. It was understood that Brooks should perform the contract on his part, by making his will in favor of Barbey, as appears from the fact that he so made his will for the purpose of performing the contract, and from the further fact that Bar-bey made no request for performance in any other way. Mo other mode of performance so far as regards the land described in the plaintiff’s bill was possible, because Brooks…
2Cases cited1 opinion
- Clapp v. IngrahamMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Olney v. BalchMassachusetts Supreme Judicial Court · 1891
- Crawford v. LangmaidMassachusetts Supreme Judicial Court · 1898
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Crane v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1926