Legal Opinion

Cashman v. Bangs

Massachusetts Supreme Judicial Court

Decided January 6, 1909PublishedCited by 3 opinions

Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on April 30, 1907, to reach and apply in satisfaction of a debt alleged to be due to the plaintiff from the defendant Edward A. Bangs the interest of the debtor in property held in trust under the provisions of the sixteenth, seventeenth and eighteenth clauses of the will of his mother, Anne Outram Bangs. The clauses of the will referred to were as follows: “ Sixteenth.

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Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on April 30, 1907, to reach and apply in satisfaction of a debt alleged to be due to the plaintiff from the defendant Edward A. Bangs the interest of the debtor in property held in trust under the provisions of the sixteenth, seventeenth and eighteenth clauses of the will of his mother, Anne Outram Bangs. The clauses of the will referred to were as follows: “ Sixteenth. To my sons Outram and Francis Reginald, two undivided thirds of all my real estate in Plymouth Woods and in Wareham, Massachusetts (except the…

1Opinion of the CourtBraley, J.

Upon proof of the debt, which does not appear to have been in dispute, the plaintiff was entitled to have applied in payment the vested interest of Edward A. Bangs in the contingent remainder devised to him by the eighteenth clause of the will of his mother, Anne Outram Bangs; and the interlocutory decree, so far as a sale was ordered of this portion of the debtor’s estate, is not questioned by the defendants. R. L. c. 134, § 2. Trumbull v. Trumbull, 149 Mass. 200, 204.

The principal controversy has been confined to the construction of the seventeenth clause, and, when the nature and extent of…

2Cases cited5 opinions

  1. Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
  2. Davis v. Bay State LeagueMassachusetts Supreme Judicial Court · 1893
  3. Hill v. HillMassachusetts Supreme Judicial Court · 1907
  4. Trumbull v. TrumbullMassachusetts Supreme Judicial Court · 1889
  5. Towle v. DelanoMassachusetts Supreme Judicial Court · 1887

3Cited by3 opinions

  1. Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
  2. Carlson v. Revere Beach County Fair & Musical Railway Co.Massachusetts Supreme Judicial Court · 1917
  3. In Re Jeandros Dye & Print Works, Inc.District Court, D. Massachusetts · 1938

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