Gould v. Lynde
Massachusetts Supreme Judicial Court
Bill in equity against the heirs at law of the plaintiff’s deceased wife, alleging that the plaintiff conveyed certain real estate by deed to Adoniram Lynde in trust, “ the said Adoniram paying to him no consideration therefor, but simply taking the fee in said estate for the purpose of conveying the same to Hepzibah L. Gould,” the plaintiff’s wife; that “the said Adoniram conveyed the same to said Hepzibah in trust, who paid no consideration therefor, but took the same,…
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Bill in equity against the heirs at law of the plaintiff’s deceased wife, alleging that the plaintiff conveyed certain real estate by deed to Adoniram Lynde in trust, “ the said Adoniram paying to him no consideration therefor, but simply taking the fee in said estate for the purpose of conveying the same to Hepzibah L. Gould,” the plaintiff’s wife; that “the said Adoniram conveyed the same to said Hepzibah in trust, who paid no consideration therefor, but took the same, making promise at the time that she would hold it in trust ” for the plaintiff “ and would re-convey the same to him upon…
1Opinion of the CourtEndicott, J.
It is conceded by the plaintiff that there was no express trust upon which the conveyances were made, the alleged agreement between the parties being oral; but it is claimed, that a resulting trust to the plaintiff arises out of the transaction.
The rule, that on a voluntary conveyance without consideration a trust results to the grantor, was confined to common law conveyances, and does not apply to modern conveyances in common form, with recital of consideration, to the use of the grantee and his heirs. Such deeds to a stranger, and a fortiori when the purpose of the grant is tc convey to a…
2Cases cited4 opinions
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Barnard v. JewettMassachusetts Supreme Judicial Court · 1867
- Cairns v. ColburnMassachusetts Supreme Judicial Court · 1870
- Peirce v. ColcordMassachusetts Supreme Judicial Court · 1873
3Cited by13 opinions
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Acker v. PriestSupreme Court of Iowa · 1894
- Moat v. MoatMassachusetts Supreme Judicial Court · 1938
- Ranicar v. GoodwinMassachusetts Supreme Judicial Court · 1951
- Dwyer v. DwyerMassachusetts Supreme Judicial Court · 1931
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