Allen v. Trustees of Ashley School Fund
Massachusetts Supreme Judicial Court
Bill in equity in the nature of a bill of interpleader, filed by the administrator of the estate of Enoch Leonard, to obtain instructions as to the distribution of a balance of money derived from the sale of real estate under license of the probate court, and remaining in the plaintiff’s hands after paying the debts of the deceased and the charges of administration.
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Bill in equity in the nature of a bill of interpleader, filed by the administrator of the estate of Enoch Leonard, to obtain instructions as to the distribution of a balance of money derived from the sale of real estate under license of the probate court, and remaining in the plaintiff’s hands after paying the debts of the deceased and the charges of administration. The case was reported by the chief justice for the determination of the full court, and is stated in the opinion.
1Opinion of the Court
Gray, J.*
The decision of this case depends upon the application of well settled principles of law to complicated facts, some of which only have been agreed by the parties or found by the report, and the rest of which must therefore be ascertained by a master before a final decree can be entered.
Timothy C. Leonard, who died in 1829, by his will, after devising to his widow the use and improvement of one third part of his real estate for life, made the following residuary devise and bequest: “ I give, bequeath and devise to my two children, Helena Maria and Enoch, all the remainder of my…
2Cases cited6 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- Abbott Et Ux. v. Essex CompanySupreme Court of the United States · 1856
- Brightman v. BrightmanMassachusetts Supreme Judicial Court · 1868
- Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
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3Cited by20 opinions
- McQuaide v. . PerotNew York Court of Appeals · 1918
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- Whitcomb v. TaylorMassachusetts Supreme Judicial Court · 1877
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Rolfe v. ClarkeMassachusetts Supreme Judicial Court · 1916
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