Stone v. Hackett
Massachusetts Supreme Judicial Court
Bill in equity, in the nature of a bill of interpleader, to obtain the instructions of the court in the disposition of property held by the plaintiff under the following declaration of trust : “ This memorandum witnesseth that I have in my hands eighty one shares in the Eastern Railroad, thirty nine shares in the Eastern Railroad, New Hampshire, making in all one hundred and twenty shares ; also fifty shares in the Fitchburg Railroad ; all such shares standing in the name of…
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Bill in equity, in the nature of a bill of interpleader, to obtain the instructions of the court in the disposition of property held by the plaintiff under the following declaration of trust : “ This memorandum witnesseth that I have in my hands eighty one shares in the Eastern Railroad, thirty nine shares in the Eastern Railroad, New Hampshire, making in all one hundred and twenty shares ; also fifty shares in the Fitchburg Railroad ; all such shares standing in the name of Harriet Kittredge or Harriet P. Kittredge, as trustee. The said several shares were purchased with the money of Dr.…
1Opinion of the CourtBigelow, J.
The key to the solution of the question raised in this case is to be found in the equitable principle, now well established and uniformly acted on by courts of chancery, that a voluntary gift or conveyance of property in trust, when fully completed and executed, will be regarded as valid, and its provisions will be enforced and earned into effect against all persons except creditors or bona fide purchasers without notice. It is certainly true that a court of equity will lend no assistance towards perfecting a voluntary contract or agreement for the creation of a trust, nor regard it as…
2Cases cited1 opinion
- Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813
3Cited by16 opinions
- Dolan's EstateSupreme Court of Pennsylvania · 1924
- Dickerson's AppealSupreme Court of Pennsylvania · 1887
- Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
- Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
- Cramer v. Hartford-Connecticut Trust Co.Supreme Court of Connecticut · 1929
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