Bartholomew v. Weld
Massachusetts Supreme Judicial Court
Bill in equity, filed April 8,1878, against Francis M. Weld and William Minot, setting forth debts due and payable from the defendant Weld to the plaintiff; and alleging that Christopher M. Weld, deceased, by his last will and testament, duly proved and allowed on April 8, 1878, devised all the residue and remainder of his estate to the defendant Minot, in trust, to pay the income thereof to Mary Ann P. Weld, wife of the testator, during her life, and on her decease to…
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Bill in equity, filed April 8,1878, against Francis M. Weld and William Minot, setting forth debts due and payable from the defendant Weld to the plaintiff; and alleging that Christopher M. Weld, deceased, by his last will and testament, duly proved and allowed on April 8, 1878, devised all the residue and remainder of his estate to the defendant Minot, in trust, to pay the income thereof to Mary Ann P. Weld, wife of the testator, during her life, and on her decease to convey the trust property in equal proportions to four persons therein named, one of whom is Francis M. Weld; that said…
1Opinion of the CourtGray, C. J.
The purpose of the statute on which the plaintiff relies is to authorize the present application in equity, to the payment of the plaintiff’s debt, of an interest of his debtor, which cannot be come at to be attached or taken on execution at law. Gen. Sts. e. 113, § 2, cl. 11. The interest sought to be reached in the case before us is the interest of the debtor as devisee of an equitable remainder in a trust fund, after the death of the testator’s widow. The only relief, beyond the establishment of the plaintiff’s debt, prayed for in the bill, or suggested in the form of decree submitted by…
2Cited by4 opinions
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1890
- Russell v. MiltonMassachusetts Supreme Judicial Court · 1882
- Forbes v. LothropMassachusetts Supreme Judicial Court · 1884