Legal Opinion

In re Butcher

District Court, D. Massachusetts

Decided May 5, 1920No. 25984Published

In Bankruptcy. In the matter of Ella C. Butcher and Grace Marshall, bankrupts. On review of order of referee denying petition of Maguire, executor.

1Opinion of the Court

MORTON, District Judge.

The present proceedings raise no question as to the allowance of expenses of litigation from the amount recovered; it being taken for granted, apparently, by all parties concerned, that they are allowable. The prayer of the petition is that the amount recovered— ■ t '

“should be ,treated as a special fund and should be first devoted to the payment of the claims of those creditors who contributed to and guaranteed the expense of the trustee in bringing and carrying forward said litigation * * * in proportion to the amount of their contribution thereto.”

The amount…

2Cases cited2 opinions

  1. In re MorrisCourt of Appeals for the Second Circuit · 1913
  2. Cornell v. Nichols & Langworthy Mach. Co.Court of Appeals for the Second Circuit · 1912

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