Legal Opinion

Sigel v. Sigel

Massachusetts Supreme Judicial Court

Decided May 28, 1921PublishedCited by 9 opinions

Bill in equity, filed in the Superior Court on September 27, 1920,. to establish a resulting trust in real estate standing in the name of the defendant, Annie Sigel, the wife of the plaintiff. In the Superior Court the suit was heard by Sisk, J., a commissioner having been appointed under Equity Rule 35 to take the evidence. Material evidence is described in the opinion. A decree was entered dismissing the bill without costs; and the plaintiff appealed.

1Opinion of the CourtCarroll, J.

The plaintiff and the defendant are husband and wife. The plaintiff sought to establish a resulting trust in certain real estate, the legal title being in the name of his wife, he having paid the consideration for the conveyance. At the conclusion of the plaintiff’s evidence, the judge ordered that the bill be dismissed and a final decree was entered dismissing the bill. The plaintiff appealed. The evidence is reported.

When the entire consideration for a conveyance is paid by the husband and the legal title is taken in the name of the wife, it must be shown, to make out a resulting trust in…

2Cases cited3 opinions

  1. Pollock v. PollockMassachusetts Supreme Judicial Court · 1916
  2. Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
  3. Brown v. HallgreenMassachusetts Supreme Judicial Court · 1921

3Cited by9 opinions

  1. Frank v. FrankMassachusetts Supreme Judicial Court · 1956
  2. Powell v. PowellMassachusetts Supreme Judicial Court · 1927
  3. Ciarlo v. CiarloMassachusetts Supreme Judicial Court · 1923
  4. Dwyer v. DwyerMassachusetts Supreme Judicial Court · 1931
  5. Russell v. MeyersMassachusetts Supreme Judicial Court · 1944

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