Morgan v. Rotch
Massachusetts Supreme Judicial Court
Bill in equity filed by two of the residuary legatees under the will of Charles W. Morgan, deceased, setting forth that the will was duly proved in 1861 in the probate court for Bristol, and the complainant Morgan and the respondent Rotch were qualified as executors and also as trustees of the interests of certain of the residuary legatees; that all the dispositions of the will prior to the residuary clause have been satisfied, and a large sum remains to be distributed under…
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Bill in equity filed by two of the residuary legatees under the will of Charles W. Morgan, deceased, setting forth that the will was duly proved in 1861 in the probate court for Bristol, and the complainant Morgan and the respondent Rotch were qualified as executors and also as trustees of the interests of certain of the residuary legatees; that all the dispositions of the will prior to the residuary clause have been satisfied, and a large sum remains to be distributed under that clause; that the business of the executors was chiefly managed by Rotch, who kept all the accounts thereof, Morgan…
1Opinion of the CourtFoster, J.
The plaintiffs invoke the equitable jurisdiction of this court on the ground that the defendant Rotch, as one of the executors of the estate of which they are two of the residuary legatees, has made an improper sale of certain valuable stock Which' he has himself indirectly purchased at a price below its value. The prayer of the bill is that he may be declared a trustee of such stock for the benefit of the plaintiffs to the extent of their interest as residuary legatees. The bill expressly alleges that he has settled no executor’s account in the probate court.
Assuming, as we are bound to on…
2Cited by3 opinions
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
- Hawley v. TeschWisconsin Supreme Court · 1888
- Jordan v. TaylorU.S. Circuit Court for the District of Massachusetts · 1899