Houghton v. Davenport
Supreme Judicial Court of Maine
Bill in equity. Heard, on bill, answer and proof. The opinion states the case and material facts. Perry on Trusts, § § 127, 128, p. 68,'and cases there cited; Orooker v. Orooker, 46 Maine, 250. contended that there was so much of a commingling by Bovoy of his ward’s money and property with his own, that it was impossible to identify the trust funds.
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Bill in equity. Heard, on bill, answer and proof. The opinion states the case and material facts. Perry on Trusts, § § 127, 128, p. 68,'and cases there cited; Orooker v. Orooker, 46 Maine, 250. contended that there was so much of a commingling by Bovoy of his ward’s money and property with his own, that it was impossible to identify the trust funds. " When the means of identification fails, as where an executor converted an estate into money and mixes it with the general mass of his own money and there is no identifying the particular money of the trust, the distributees or legatees have no…
1Opinion of the CourtPeters, J.
The complainants in this bill allege, and we think prove, that Henry M. Bovey in 1873, was appointed guardian of Bichard O. Morse, a minor, and gave bond as required by law; that in 1879, when his ward became of ag^,»-Bovey’s settlement in the probate court disclosed a deficiency in his accounts of twenty thousand dollars or more; that prior to the settlement he had purchased certain real estate with his ward’s money, taking a deed thereof to himself individually, a portion of which shortly prior to this bill was still standing in his own name; that, to save as far as he could l*>ss to his…
2Cases cited19 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Martin v. . FunkNew York Court of Appeals · 1878
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Padgett v. LawrenceNew York Court of Chancery · 1843
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3Cited by5 opinions
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
- Barnes v. SpencerOregon Supreme Court · 1915
- Pennsylvania Co. v. United Railways of HavanaDistrict Court, D. Maine · 1939
- Lambert v. AllardSupreme Judicial Court of Maine · 1927
- Withnell v. WithnellNebraska Supreme Court · 1903