Cowley v. Twombly
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Foster Ham, for the conversion of “ one sofa, one Winchester rifle, two tons of hay, and three hundred and twenty-five dollars in bills and notes.” Trial in the Superior Court, without a jury, before Braley, J., who reported the case for the determination of this court, in substance as follows.
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Tort, by the administrator of the estate of Foster Ham, for the conversion of “ one sofa, one Winchester rifle, two tons of hay, and three hundred and twenty-five dollars in bills and notes.” Trial in the Superior Court, without a jury, before Braley, J., who reported the case for the determination of this court, in substance as follows. The plaintiff was duly appointed administrator of the estate of Foster Ham on April 5, 1898. Foster Ham was the only son and heir at law of Cyrus Ham, who died on March 21,1891, testate. Foster Ham was married in 1865 to Mary Jane Ham, who survived him as his…
1Opinion of the CourtBarker, J.
If the sixth clause of the will created a valid trust, all of the personal property for which the plaintiff sues except the one article for the value of which he had judgment in the court below was held by his intestate only in his capacity as trustee, and at his death was not assets of his own estate. Trecothick v. Austin, 4 Mason, 16, 29. Johnson v. Ames, 11 Pick. 173, 181. Buttrick v. King, 7 Met. 20. Hunnewell v. Lane, 11 Met. 163. Farrelly v. Ladd, 10 Allen, 127. Upon the death of the plaintiff’s intestate, under the terms of the trust, the absolute ownership of all the trust property…
2Cases cited2 opinions
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Conrad v. LongMichigan Supreme Court · 1875
3Cited by20 opinions
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- Coe v. HillMassachusetts Supreme Judicial Court · 1909
- In Re Proving the Will of SeamanNew York Court of Appeals · 1916
- Daboll v. MoonSupreme Court of Connecticut · 1914
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
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