Cogswell v. Weston
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the county of Essex on January 28, 1916, by the present trustee under the will of Nathan Weston, late of Salem, for instructions.
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Bill in equity, filed in the Probate Court for the county of Essex on January 28, 1916, by the present trustee under the will of Nathan Weston, late of Salem, for instructions. The questions on which the plaintiff sought instructions were as follows: “1. Should the charges and expenses attending the investigation of the trust estate and of the acts and doings of the former trustees in relation thereto be charged in the account of the plaintiff against the principal or income of the trust? “2. Should the charges and expenses attending the recovery of the Chicago real estate be charged in the…
1Opinion of the CourtRugg, C. J.
This is a bill by the trustee under a will for instructions as to the apportionment between capital and income of certain expenses incurred in the administration of his trust. Henry E. Weston, who formerly administered this trust, was removed and judgment was recovered on May 1, 1905, against him and the American Surety Company of New York as his surety, for the penal sum of his bond as such trustee. Execution thereon issued for the amount found to be the deficit in the principal of the trust fund for which Henry E. Weston was liable .by *222reason of his misappropriations, with interest thereon…
2Cases cited6 opinions
- Ungrich v. UngrichNew York Court of Appeals · 1911
- Blake v. PegramMassachusetts Supreme Judicial Court · 1872
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Parsons v. WinslowMassachusetts Supreme Judicial Court · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Sponable v. DareCalifornia Supreme Court · 1925
- Gartenlaub v. Union Tr. Co. of S.F.California Supreme Court · 1921
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