Legal Opinion

Darcy v. Kelley

Massachusetts Supreme Judicial Court

Decided April 1, 1891PublishedCited by 19 opinions

Bill ih equity, filed on December 20, 1889, by the children of Elizabeth Darcy, against George H. Kelley, trustee under the will of Patrick Lane, and against Mary Ann Nolan, to secure a portion of the testator’s estate. The Attorney General was made a party defendant, and appeared, but did not care to be heard. The case was reserved by Knowlton, J. for the consideration of the full court, and was as follows.

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Bill ih equity, filed on December 20, 1889, by the children of Elizabeth Darcy, against George H. Kelley, trustee under the will of Patrick Lane, and against Mary Ann Nolan, to secure a portion of the testator’s estate. The Attorney General was made a party defendant, and appeared, but did not care to be heard. The case was reserved by Knowlton, J. for the consideration of the full court, and was as follows. Patrick Lane, a resident of Fall River, died on February 22, 1873, leaving a widow, and a sister, Mrs. Darcy, and her children, the plaintiffs, and a niece, Mrs. Nolan, and her three…

1Opinion of the CourtKnowlton, J.

It is not expressly stated in the bill that the plaintiffs’ mother, Elizabeth Darcy, died intestate, and that they succeeded to her rights in real estate. But they allege that, if the trust is void for uncertainty, or for want of proper parties, they are entitled to share in the premises as heirs at law of Patrick Lane. This they could not do otherwise than as heirs at law of their mother, and perhaps it may fairly be inferred, on all the allegations of the bill and answers, that the plaintiffs succeeded to their mother’s real estate, and that they are entitled to be heard on the question…

2Cases cited4 opinions

  1. White v. DitsonMassachusetts Supreme Judicial Court · 1885
  2. Bullard v. ChandlerMassachusetts Supreme Judicial Court · 1889
  3. Minot v. BakerMassachusetts Supreme Judicial Court · 1888
  4. Fellows v. MinerMassachusetts Supreme Judicial Court · 1876

3Cited by19 opinions

  1. In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
  2. Dexter v. President of Harvard CollegeMassachusetts Supreme Judicial Court · 1900
  3. Richards v. WilsonIndiana Supreme Court · 1916
  4. City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903
  5. Codman v. BrighamMassachusetts Supreme Judicial Court · 1905

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