Knight v. Cunningham
Massachusetts Supreme Judicial Court
Bill in equity, filed June 6, 1892, under Pub. Sts. c. 136, § 10, by the administrator de bonis non, with the will annexed, of the estate of William Gray, junior, deceased, against James S. Cunningham and James D. Thomson as executors of the will of Catherine H. Cunningham, deceased. Hearing, before Morton, J., who reported the case for the consideration of the full court, in substance as follows.
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Bill in equity, filed June 6, 1892, under Pub. Sts. c. 136, § 10, by the administrator de bonis non, with the will annexed, of the estate of William Gray, junior, deceased, against James S. Cunningham and James D. Thomson as executors of the will of Catherine H. Cunningham, deceased. Hearing, before Morton, J., who reported the case for the consideration of the full court, in substance as follows. William Gray, junior, died in August, 1886, and on the 6th of September following one Edward Cunningham was appointed administrator with the will annexed of his estate. There was found upon the…
1Opinion of the CourtMorton, J.
This is a bill in equity, under Pub. Sts. c. 136, § 10. This statute and those of which it is a re-enactment have been before this court in a number of cases. An examina*584tian of them shows, we think, that this case is distinguishable from those relied on by the defendants, which are Waltham Bank v. Wright, 8 Allen, 121, Jenney v. Wilcox, 9 Allen, 245, Bradford v. Forbes, 9 Allen, 365, and Wells v. Child, 12 Allen, 333, and comes nearer to Morey v. American Loan & Trust Co. 149 Mass. 253, where the bill was sustained and relief granted. In Bradford v. Forbes, ubi supra, the creditors were not…
2Cases cited4 opinions
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Morey v. American Loan & Trust Co.Massachusetts Supreme Judicial Court · 1889
3Cited by7 opinions
- Nochemson v. AronsonMassachusetts Supreme Judicial Court · 1932
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
- Powow River National Bank v. AbbottMassachusetts Supreme Judicial Court · 1901
- McMahon v. MillerMassachusetts Supreme Judicial Court · 1906
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