Forbes v. Tuckerman
Massachusetts Supreme Judicial Court
Bill in equity by Rose G. Forbes, wife of Robert Bennett Forbes, against John F. Tuckerman, Robert B. Forbes, Jr., James Murray Forbes, and Edith Forbes Perkins, wife of Charles Eliot Perkins, setting forth the conveyance by the plaintiff and her husband to the defendant Tuckerman of certain property in trust to pay the income to the plaintiff during life, and upon her decease to convey the property to such persons as she should appoint by her will, and, in default of…
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Bill in equity by Rose G. Forbes, wife of Robert Bennett Forbes, against John F. Tuckerman, Robert B. Forbes, Jr., James Murray Forbes, and Edith Forbes Perkins, wife of Charles Eliot Perkins, setting forth the conveyance by the plaintiff and her husband to the defendant Tuckerman of certain property in trust to pay the income to the plaintiff during life, and upon her decease to convey the property to such persons as she should appoint by her will, and, in default of appointment, to such persons as should be entitled to receive the same, had the said Robert Bennett Forbes died seised thereof…
1Opinion of the CourtGray, C. J.
The reasons upon which the English courts of chancery have required the husband to be made a party to a suit by the wife in relation to her separate property, are because he may have an interest in the property himself, and because he is the lawful, protector of her interests. Story Eq. PL § 63. Neither reason is applicable to this case.
The suit is brought by the wife for income payable to her by the terms of the indenture of trust under which the appellant holds the property. The demurrer, so far as it was based on the husband’s interest in the property, or on his having been a party to the…
2Cases cited8 opinions
- Beebe v. RussellSupreme Court of the United States · 1857
- John Perkins v. Edward F. Fourniquet and Wife, and Martin W. Ewing and WifeSupreme Court of the United States · 1848
- Edward P. Fourniquet and Wife, and Martin W. Ewing and Wife v. John PerkinsSupreme Court of the United States · 1854
- Gerrish v. BlackMassachusetts Supreme Judicial Court · 1872
- Samuel T. Pulliam and Others v. Edmund Christian, Assignee in Bankruptcy of William AllenSupreme Court of the United States · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Johnson's CaseMassachusetts Supreme Judicial Court · 1922
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Kingsley v. City of Fall RiverMassachusetts Supreme Judicial Court · 1932
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
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