Morey v. American Loan & Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, by certain beneficiaries under a trust, against the first named defendant and others, trustees, including the. executors of the will of one Pomeroy, to recover for alleged breaches of trust. Hearing before Knowlton, J., who reported the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
To this bill brought against trustees by several cestuis que trust in behalf of themselves and all others in the same interest who may come in to prosecute the suit, the executors of one of the trustees, who are made defendants, plead the statute of limitations of actions against executors. The plaintiffs rely upon the Pub. Sts. c. 136, § 10, which authorize a judgment notwithstanding the statute of limitations, if the court is of opinion “ that justice and equity require it, and that such creditor is not chargeable with culpable neglect in not prosecuting his claim within the time so…
2Cited by6 opinions
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
- Powow River National Bank v. AbbottMassachusetts Supreme Judicial Court · 1901
- McMahon v. MillerMassachusetts Supreme Judicial Court · 1906
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