Dexter v. Cotting
Massachusetts Supreme Judicial Court
Bill in equity, filed November 7,1888, by F. Gordon Dexter, William Appleton, and J. Morris Meredith, trustees under the will of William Appleton, and by Emily W. Appleton, his widow, for the specific performance by the defendant of an agreement to purchase real and personal estate. The bill alleged the following facts.
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Bill in equity, filed November 7,1888, by F. Gordon Dexter, William Appleton, and J. Morris Meredith, trustees under the will of William Appleton, and by Emily W. Appleton, his widow, for the specific performance by the defendant of an agreement to purchase real and personal estate. The bill alleged the following facts. William Appleton, who died on February 10, 1877, leaving a widow, and a son and a married daughter, both of full age, owned the property in question at the time of his death. His will, which was duly admitted to probate on March 5,1877, after giving a life estate to his wife…
1Opinion of the CourtMorton, C. J.
The statute provides that a trustee may be exempt from giving sureties on his bond when the testator so orders or requests, and “ any trustee shall, except as aforesaid, be so exempt when all the persons beneficially interested in the trust, being of full age and legal capacity, request such exemption.” Pub. Sts. c. 141, § 16. This is a re-enactment of the St. of 1878, c. 122, § 1, under which the trustees in this case were appointed. The plaintiffs contend that this statute should *95be construed as if it read like the provisions upon the kindred subject of the bonds of executors and…
2Cited by7 opinions
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Waitt v. HarveyMassachusetts Supreme Judicial Court · 1942
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- Gallagher v. SullivanMassachusetts Supreme Judicial Court · 1925
- Meyer v. Superior CourtCalifornia Supreme Court · 1927
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