Clapp v. Ingraham
Massachusetts Supreme Judicial Court
Bill in equity, filed April 21, 1876, by the executor of the will of Caroline A. Ingraham, against the children of the testatrix, and her creditors, for instructions, alleging that on January 1, 1828, the Massachusetts Hospital Life Insurance Company received from Joseph Head, trustee of Caroline A. Ingraham, wife of Daniel G. Ingraham, the sum of $3000, and executed to him an instrument in writing, whereby they promised and agreed with him, his executors and administrators,…
Read the full summary
Bill in equity, filed April 21, 1876, by the executor of the will of Caroline A. Ingraham, against the children of the testatrix, and her creditors, for instructions, alleging that on January 1, 1828, the Massachusetts Hospital Life Insurance Company received from Joseph Head, trustee of Caroline A. Ingraham, wife of Daniel G. Ingraham, the sum of $3000, and executed to him an instrument in writing, whereby they promised and agreed with him, his executors and administrators, to invest the same, and to pay the income thereof quarterly to Mrs. Ingraham, “during the natural life of the said…
1Opinion of the CourtGray, C. J.
It was settled in the English Court of Chancery, before the middle of the last century, that where a person has a general power of appointment, either by deed or by will, and executes this power, the property appointed is deemed in equity part of his assets, and subject to the demands of his creditors in preference to the claims of his voluntary appointees or legatees. The rule perhaps had its origin in a decree of Lord Somers, affirmed by the House of Lords, in a case in which the person executing the power had in effect reserved the power to himself in granting away the estate. Thompson v.…
2Cases cited4 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Prescott v. TarbellMassachusetts Supreme Judicial Court · 1804
- Durant v. Hospital Life Ins. Co. of MassachusettsDistrict Court, D. Massachusetts · 1877
3Cited by53 opinions
- Porter v. CommissionerSupreme Court of the United States · 1933
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- State Street Bank & Trust Co. v. ReiserMassachusetts Appeals Court · 1979
- Walker v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1915
- Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
48 more not listed; retrieve them via the Exa API.