Billings v. Billings
Massachusetts Supreme Judicial Court
Bill in equity against the trustee under the "will of Samuel Billings, praying for an account, for the defendant’s removal, and for further relief.
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Bill in equity against the trustee under the "will of Samuel Billings, praying for an account, for the defendant’s removal, and for further relief. The case was referred to a master, the material parts of whose report were substantially as follows: Samuel Billings died in May 1868, leaving a will, proved in the following June, by which he gave $5000 to the defendant, in trust to invest it in productive stock, to pay the income to the plaintiff, who was the testator’s nephew, during his life, and on his death to pay over the trust fund to Mary A. Cummings; he gave the residue of his estate,…
1Opinion of the CourtChapman, C. J.
One of the questions in controversy between these parties is whether interest on the legacy, given in Samuel Billings’s will to the defendant in trust for the plaintiff, should commence at the time of the testator’s decease. The parties agreed orally to submit the question to Henry Chapin, Esquire, as referee, and to abide by his award. The plaintiff understood, that notice and an opportunity for a hearing were to be given to the parties; but the defendant understood otherwise. No hearing was had, and no notice of a hearing was given ; and the referee decided against the plaintiff. The…
2Cases cited1 opinion
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
3Cited by9 opinions
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- In re Allard GuardianshipMontana Supreme Court · 1914
- Barbour v. WeldMassachusetts Supreme Judicial Court · 1909
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