Lerow v. Wilmarth
Massachusetts Supreme Judicial Court
Contract upon a witnessed promissory note signed by the defendant, dated March 30, 1854, and payable to the plaintiff or order.
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Contract upon a witnessed promissory note signed by the defendant, dated March 30, 1854, and payable to the plaintiff or order. At the second trial in the superior court, before Ames, J. without a jury,' after the decision reported in 7 Allen, 463, it appeared that on April 15th 1854, the defendant, not being then insolvent or under any embarrassment whatever from debt, for a nominal consideration conveyed certain real estate to Charles Winslow, his heirs, successors and assigns, in trust, “ First, for the benefit of my wife, Charlotte Wilmarth, and of my children, Robert E. Wilmarth,…
1Opinion of the CourtBigelow, C. J.
We are of opinion that the claimants are clearly entitled to the funds in the hands of the supposed trustee. The facts stated in the exceptions show that the money received from the insurance companies by the defendant did not belong to him, but came into his hands as trustee for his wife and children, who are beneficially and equitably the owners thereof.
In regard to the money received from the insurers of the building, it appears that it was paid to the defendant on a policy issued to him in his capacity as trustee, and that at the time - when the insurance was effected and the loss by fire…
2Cases cited3 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by3 opinions
- Steinmeyer v. SteinmeyerSupreme Court of South Carolina · 1902
- Forrester v. GillColorado Court of Appeals · 1898
- Forrester v. GillColorado Court of Appeals · 1898