McElroy v. McElroy
Massachusetts Supreme Judicial Court
Bill in equity, brought by William, Charles, Barney, Patrick and Sarah McElroy, brothers and sister of James McElroy, deceased, to establish a resulting trust in their favor, as his heirs at law, in five undivided twelfth parts of a parcel of real estate in Merrimac Street, in Boston, against Margaret McElroy, the devisee of the estate under the will of John McElroy, deceased, another brother of James.
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Bill in equity, brought by William, Charles, Barney, Patrick and Sarah McElroy, brothers and sister of James McElroy, deceased, to establish a resulting trust in their favor, as his heirs at law, in five undivided twelfth parts of a parcel of real estate in Merrimac Street, in Boston, against Margaret McElroy, the devisee of the estate under the will of John McElroy, deceased, another brother of James. The prayer of the bill was, that the defendant be ordered to convey to the complainants their several shares of the estate, and account with them respectively for their share of the income of…
1Opinion of the CourtAmes, J.
Where an estate is conveyed in trust for a particular and temporary purpose, not requiring the whole of the estate, a resulting trust generally arises in favor of the grantor or his heirs at law in the remainder after that purpose is accomplished. Hill v. Bishop of London, 1 Atk. 618. King v. Denison, 1 Ves. & B. 260, 279. Story Eq. Jur. § 1196 a. The plaintiffs claim that the present case comes within this rule. The conveyance was in trust for Niel McElroy, but without any words of inheritance to extend the trust beyond the term of his life. The word “ heirs ” can no more be dispensed with,…
2Cases cited1 opinion
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Ventura v. VenturaMassachusetts Supreme Judicial Court · 1990
- Chesman v. CummingsMassachusetts Supreme Judicial Court · 1886
- Amory v. Trustees of Amherst CollegeMassachusetts Supreme Judicial Court · 1918
- Angle v. MarshallWest Virginia Supreme Court · 1904
- Woodbury v. HaydenMassachusetts Supreme Judicial Court · 1912
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