Legal Opinion

Bigelow v. Catlin

Supreme Court of Vermont

Decided January 15, 1878PublishedCited by 4 opinions

. General Assumpsit. Pleas, the general issue, Statute of Limitations, and payment. Trial by the court, September Term, 1877, Pierpoint, C. J., presiding. Defendant was trustee under the will of Mary M. Catlin, his wife, and on July 25, 1870, Henry G. Catlin, one of the legatees and cestuis que trust under the will, executed the following order : Burlington, Vt., July 25th, 1870. To II. W. Catlin, trustee under the will of Mary M. Catlin.

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. General Assumpsit. Pleas, the general issue, Statute of Limitations, and payment. Trial by the court, September Term, 1877, Pierpoint, C. J., presiding. Defendant was trustee under the will of Mary M. Catlin, his wife, and on July 25, 1870, Henry G. Catlin, one of the legatees and cestuis que trust under the will, executed the following order : Burlington, Vt., July 25th, 1870. To II. W. Catlin, trustee under the will of Mary M. Catlin. Please pay Lucius Bigelow, or order, $500 from the proceeds of my mother’s estate, being part of my share in said estate under the will of Mary M. Catlin.…

1Opinion of the Court

The opinion of the court was delivered by

Boss, J.

No lapse of time bars a direct trust. Beckford v. Wade, 17 Ves. 87; Carter v. Murray, 5 Johns. Ch. 522; Decauche v. Sanetier, 3 Johns. Ch. 190; Kane v. Bloodgood, 7 Johns. Ch. 89. Where a person takes possession of property in *411his own right, and is afterwards changed to a trustee by evidence or construction, lapse of time may be pleaded. Kane v. Bloodgood, supra. The relation of the defendant to Henry G. Catlin was that of a direct trust. If the order in suit had never been given, Henry G. Catlin could have maintained an action for the fund…

2Cases cited3 opinions

  1. Decouche v. SavetierNew York Court of Chancery · 1817
  2. Nourse v. Prime, Ward & SandsNew York Court of Chancery · 1823
  3. Coster v. MurrayNew York Court of Chancery · 1821

3Cited by4 opinions

  1. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
  2. Davis v. EastmanSupreme Court of Vermont · 1894
  3. Davis v. EastmanSupreme Court of Vermont · 1896
  4. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923

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