Capen v. Capen
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on September 13, 1913, by Joseph S. Capen, Mabel J. Capen, William H. Capen, Benjamin S. Capen, Lillian E. Capen, Georgiana E. Capen, Emily F. Capen, Elisha Capen, Harriet M. Jones and Louisa C. Thayer against Loranus C. Capen and his wife, Rhoda J. Capen, to enforce specific performance of so much of the agreement, set out below, relating to the distribution of the estate of Sanford E. Capen,, late of Stoughton, who died intestate…
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Bill in equity, filed in the Superior Court on September 13, 1913, by Joseph S. Capen, Mabel J. Capen, William H. Capen, Benjamin S. Capen, Lillian E. Capen, Georgiana E. Capen, Emily F. Capen, Elisha Capen, Harriet M. Jones and Louisa C. Thayer against Loranus C. Capen and his wife, Rhoda J. Capen, to enforce specific performance of so much of the agreement, set out below, relating to the distribution of the estate of Sanford E. Capen,, late of Stoughton, who died intestate on July 10, 1910, as required the release to Emily, Georgiana and Elisha Capen of all interest in the farm property.…
1Opinion of the CourtRugg, C. J.
This is a suit in equity to enforce the specific performance of an agreement. The defendants admit the signing of the agreement, but defend on the ground that their signatures were procured by misrepresentation and fraud.
Sanford E. Capen in June, 1909, signed a document, which is set out on page 358, informal but testamentary in purpose and purporting to dispose of his estate. Among other provisions in it was this: “I want Louisa C. Thayer to have the two bank books in the North Easton Bank as she gave me two thousand dollars.” He gave directions for the distribution of the rest of his estate…
2Cases cited20 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
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3Cited by8 opinions
- MacDonald v. GoughMassachusetts Supreme Judicial Court · 1950
- Summerfield Co. v. Prime Furniture Co.Massachusetts Supreme Judicial Court · 1922
- Collins v. HuculakMassachusetts Appeals Court · 2003
- Commissioner of Banks v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1929
- Gadsby v. GadsbyMassachusetts Supreme Judicial Court · 1931
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