Legal Opinion

Smith v. Cotting

Massachusetts Supreme Judicial Court

Decided July 29, 1918PublishedCited by 20 opinions

Bill in equity, filed in the Supreme Judicial Court on March 29, 1917, by the beneficiary for life entitled to receive the income from a trust fund held by the defendants Cotting and Dexter under a deed of trust recorded with the Suffolk deeds, setting forth the facts which are stated in the opinion, and praying (1) that the trustees may be ordered to account to the plaintiff for a cash dividend of $9,400 as income of the trust fund, and to pay over the same to her, or to…

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Bill in equity, filed in the Supreme Judicial Court on March 29, 1917, by the beneficiary for life entitled to receive the income from a trust fund held by the defendants Cotting and Dexter under a deed of trust recorded with the Suffolk deeds, setting forth the facts which are stated in the opinion, and praying (1) that the trustees may be ordered to account to the plaintiff for a cash dividend of $9,400 as income of the trust fund, and to pay over the same to her, or to turn over to her her share of the ninety-four shares of stock of the Old Colony Trust Company bought by them with such…

1Opinion of the CourtBraley, J.

The plaintiff is entitled for life to the income of’ a fund created by a deed of. trust under which the -defendants Cotting and Dexter are trustees, while the other defendants take the principal at her death. A part of the fund having been invested in stock of the Old Colony Trust Company, referred to herein as the corporation, which increased its capital by issuing a certain number of new shares at par, and also declared a cash dividend exactly equivalent to the increase which the trustees who subscribed for their proportion of the new stock used in payment, the first question is whether the…

2Cases cited25 opinions

  1. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
  2. Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
  3. United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
  4. Union Pacific Railroad v. United StatesSupreme Court of the United States · 1879
  5. In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899

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3Cited by20 opinions

  1. STATE BY PARSONS v. Standard Oil Co.Supreme Court of New Jersey · 1950
  2. Creed v. McAleerMassachusetts Supreme Judicial Court · 1931
  3. Commissioner of Corporations & Taxation v. FiloonMassachusetts Supreme Judicial Court · 1941
  4. Thomas v. Laconia Car Co.Massachusetts Supreme Judicial Court · 1925
  5. Gray v. HemenwayMassachusetts Supreme Judicial Court · 1929

15 more not listed; retrieve them via the Exa API.

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