Ela v. Ela
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, on May 12, 1891, against Lucia Ela, Walter Ela, and Richard Ela, alleging the following facts.
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Bill in equity, filed in the Superior Court, on May 12, 1891, against Lucia Ela, Walter Ela, and Richard Ela, alleging the following facts. Richard Ela, of Washington in the District of Columbia, died in that city on January 8,1863, intestate, leaving a widow, Lucia,'and four children, all minors, namely: Margaret K., born July 29,1845 ; Walter, born September 23,1848 ; Richard, born November 30, 1850 ; and Alfred, born October 14, 1857 ; of whom Alfred, the youngest, is the plaintiff in this suit, and the others, excepting Margaret and including Lucia, are defendants. Lucia Ela and Endicott…
1Opinion of the CourtHolmes, J.
The allegations of the bill, so far as they concern the only defendant against whom relief is sought, are, that while the plaintiff was a minor and under the guardianship of his mother in Maine, the defendant, his brother, somewhere between July, 1873, and July, 1876, it would seem in 1873 and 1874, being intrusted by the guardian with the possession of property belonging to the plaintiff, converted a part of it to his own use; and that in November, 1882, the plaintiff executed a release to his guardian, being partly induced 'to do so by a representation, not alleged to have been fraudulent…
2Cases cited2 opinions
- Fogg v. PriceMassachusetts Supreme Judicial Court · 1888
- Chaney v. SmallwoodCourt of Appeals of Maryland · 1843
3Cited by6 opinions
- Ballentine v. EatonMassachusetts Supreme Judicial Court · 1937
- Chandler v. LallyMassachusetts Supreme Judicial Court · 1941
- Marvel v. CobbMassachusetts Supreme Judicial Court · 1908
- Geldert v. UsherMassachusetts Supreme Judicial Court · 1924
- Kramer v. GilleU.S. Circuit Court for the District of Western Missouri · 1905
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