Holland v. Cruft
Massachusetts Supreme Judicial Court
Bill in equity, brought by Laura P. Holland, administratrix on the estate of her husband, Samuel M. Holland, deceased, against Edward Cruft, administrator, with the will annexed, on the estate of John Holland, deceased, the father of Samuel, George W. Holland, a brother of Samuel, and Aaron D. Weld junior and George Whitaker, assignees of the property of George.
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Bill in equity, brought by Laura P. Holland, administratrix on the estate of her husband, Samuel M. Holland, deceased, against Edward Cruft, administrator, with the will annexed, on the estate of John Holland, deceased, the father of Samuel, George W. Holland, a brother of Samuel, and Aaron D. Weld junior and George Whitaker, assignees of the property of George. The bill sets forth, that John Holland died in June 1824, testate-; that he devised certain real and personal estate to his wife during her life, and after her death to his five children in equal shares, and that after creating…
1Opinion of the Court
Shaw C. J-.
delivered the opinion of the Court. The first question presented in this case, the question which most usually arises in cases in equity before this Court, is, whether this Court has jurisdiction of the parties and of the subject matter. It is admitted that the Court has no jurisdiction in equity, except such as has been given by statute, and that no general jurisdiction has been given to inquire into frauds and afford redress, in all cases of fraud. Taking these views as the basis of the argument, the defendant’s counsel have contended that the main scope and purpose of this bill…
2Cases cited1 opinion
- Colt v. RootMassachusetts Supreme Judicial Court · 1821