Legal Opinion

Maxwell v. Whieldon

Massachusetts Supreme Judicial Court

Decided October 15, 1852PublishedCited by 1 opinion

Bill in equity, in'which the complainant prays that the respondent, as administrator of the estate of Benjamin Gleason, late of Cambridge, deceased, may be decreed to transfer to her, ten shares of the capital stock of the State Bank, Boston, standing in the name of said Gleason on the books of the bank at the time of his decease. The bill states that on 2d December, 1831, the complainant, a sister of Gleason’s wife, was a domestic in his family.

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Bill in equity, in'which the complainant prays that the respondent, as administrator of the estate of Benjamin Gleason, late of Cambridge, deceased, may be decreed to transfer to her, ten shares of the capital stock of the State Bank, Boston, standing in the name of said Gleason on the books of the bank at the time of his decease. The bill states that on 2d December, 1831, the complainant, a sister of Gleason’s wife, was a domestic in his family. His wife then was and ever after continued to be lame and feeble; that on 2d December, 1831, Gleason, as an inducement to complainant to continue in…

1Opinion of the CourtCushing, J.

All the equity powers of this court are such as the statute communicates to us; and of course we take no others. Even the cases of jurisdiction, taken apparently by construction, are, on the contrary, examples of a secondary power, absolutely conferred by statute, though it be as the included consequence of a primary power. Holland v. Cruft, 20 Pick. 321.

By the existing provision of law, the court has jurisdiction of all suits and proceedings for enforcing and regulating the execution of trusts, whether the trusts relate to real or personal estate; subject of course to the general condition…

2Cited by1 opinion

  1. Gould v. MoulahanNew Jersey Superior Court Appellate Division · 1895

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