Keyes v. Carleton
Massachusetts Supreme Judicial Court
Bill in equity, filed April 17, 1884, to have a trust created by the plaintiff, by a certain deed to the defendants William E. Carleton and Charles E. Abbott, as trustees, declared null and void, and that the trustees be ordered to account for and pay over to the plaintiff the whole of the trust fund.
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Bill in equity, filed April 17, 1884, to have a trust created by the plaintiff, by a certain deed to the defendants William E. Carleton and Charles E. Abbott, as trustees, declared null and void, and that the trustees be ordered to account for and pay over to the plaintiff the whole of the trust fund. By the deed, a copy of which was annexed to the bill, the plaintiff, in consideration of five dollars to her paid by Carleton and Abbott, and “the natural love and affection she bears for her children,” conveyed to Carleton and Abbott a certain parcel of land in Denver, Colorado, upon the…
1Opinion of the CourtMorton, C. J.
It is settled by the uniform course of the decisions in this Commonwealth that a voluntary settlement, fully executed by a person of sound mind, without any mistake, fraud, or undue influence, is binding upon the settler, and cannot be revoked, except so far as a power of revocation has been reserved in the deed. Viney v. Abbott, 109 Mass. 300. Sewall v. Roberts, 115 Mass. 262, and cases cited.
*50In the case before us, the plaintiff, acting deliberately and under the advice of counsel, executed the deed of settlement, and there is no pretence of any fraud, collusion, or undue influence. The deed…
2Cases cited2 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Viney v. AbbottMassachusetts Supreme Judicial Court · 1872
3Cited by26 opinions
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Taylor v. ButtrickMassachusetts Supreme Judicial Court · 1896
- Leahy v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1950
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