McCurdy v. McCallum
Massachusetts Supreme Judicial Court
Bill in equity, filed November 23 and amended December 8, 1903, by a judgment creditor of Susan B. McCallum, of the Province of Nova Scotia in the Dominion of Canada, to obtain $2,000 alleged to have been transferred and conveyed by her to Vesta Vane MeCallum, for the purpose of delaying and defrauding the plaintiffs in the collection of their claim, and alleged to be in the possession of the defendants, Charles Adams MeCallum of Newton, and Vesta Vane MeCallum of Belmont,…
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Bill in equity, filed November 23 and amended December 8, 1903, by a judgment creditor of Susan B. McCallum, of the Province of Nova Scotia in the Dominion of Canada, to obtain $2,000 alleged to have been transferred and conveyed by her to Vesta Vane MeCallum, for the purpose of delaying and defrauding the plaintiffs in the collection of their claim, and alleged to be in the possession of the defendants, Charles Adams MeCallum of Newton, and Vesta Vane MeCallum of Belmont, both in this Commonwealth. The answers alleged that the $2,000 in question had been held by Susan B. MeCallum, not as her…
1Opinion of the CourtHammond, J.
The first question is whether the bequest made to Susan B. McCallum in the fifth clause of the will of M. Jane McCallum is absolute, or upon trust. Inasmuch as the testatrix was domiciled and the will was proved in Nova Scotia the construction, meaning and legal effect of the clause is to be determined by the law of that province, which it is agreed is the same as the law of England. While the report speaks of this question as one of the “ questions of law ” raised at the trial before the Superior Court, yet, being a question as to the law of a foreign country, it is here one of fact, and the…
2Cited by49 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
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