Barbell v. Joy
Massachusetts Supreme Judicial Court
This case came before the Court by appeal from the Probate Court of this county, in which a decree had passed, directing Joy, the respondent, to render an account, as executor of the last will of Joseph Barrell, Esq. deceased, father of the complainants, according to certain principles and rules prescribed in the decree. Both parties, being dissatisfied with some of the rules laid down by the judge of probate, claimed an appeal, and filed their reasons, as required bylaw.
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This case came before the Court by appeal from the Probate Court of this county, in which a decree had passed, directing Joy, the respondent, to render an account, as executor of the last will of Joseph Barrell, Esq. deceased, father of the complainants, according to certain principles and rules prescribed in the decree. Both parties, being dissatisfied with some of the rules laid down by the judge of probate, claimed an appeal, and filed their reasons, as required bylaw. And it was afterwards agreed by the parties in this Court, that in the hearing and final decree or decrees of the Court,…
1Opinion of the CourtParker, C. J.
The conveyances and assignments were, on the face of them, absolute and unqualified; so that, if a trust was intended, it was of a most confidential nature, and exceedingly difficult of proof, if the trustee had chosen to stand upon his strict legal rights, and to refrain from any subsequent act, which might show the true character of the transaction.
I" * 223 ] * But it seems to be settled, by authorities cited at the bar, that any declaration in writing, made by the grantee or assignee of property, at any time after the conveyance, is competent proof that the property was to be holden in…
2Cited by32 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Kendrick v.RayMassachusetts Supreme Judicial Court · 1899
- Ellis v. SullivanMassachusetts Supreme Judicial Court · 1922
- Young v. YoungMassachusetts Supreme Judicial Court · 1925
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