Moore v. Stinson
Massachusetts Supreme Judicial Court
Bill in equity, filed May 11, 1886, to compel thé defendant to convey to the plaintiff a certain parcel of land, devised to the plaintiff by the will of his wife, Jane Moore, and alleged to have been held by the defendant in trust for her as her property, which trust was terminated.
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Bill in equity, filed May 11, 1886, to compel thé defendant to convey to the plaintiff a certain parcel of land, devised to the plaintiff by the will of his wife, Jane Moore, and alleged to have been held by the defendant in trust for her as her property, which trust was terminated. The answer, admitting that the defendant had held the parcel in trust for the plaintiff’s wife, who was the defendant’s sister, during her life, alleged that, by her decease, it had become the property of the defendant in fee. The case was heard by Devens, J., and reported, for the consideration of the full court,…
1Opinion of the CourtDevens, J.
If the proposition of the defendant be conceded, ■— namely, that the fact of Mrs. Allen’s coverture and the then situation of the parties, with the fact that the conveyance was in terms made to the defendant in trust, sufficiently show that the intention of the parties was not to create a mere use to be executed under the statute, but a trust during coverture, — the legal effect of the deed to the defendant, which was without any words of inheritance, “in trust for Jane Allen, .... wife of Thomas Allen, and her heirs and assigns forever,” was to create a trust for her during coverture, and a…
2Cases cited7 opinions
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Bresnihan v. SheehanMassachusetts Supreme Judicial Court · 1878
- Richardson v. StodderMassachusetts Supreme Judicial Court · 1868
- Gould v. LyndeMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Cree v. LewisSupreme Court of Colorado · 1910
- Cushing v. SpaldingMassachusetts Supreme Judicial Court · 1895
- Powers v. RaffertyMassachusetts Supreme Judicial Court · 1903
- E. C. Bowman & Son Co. v. HernMassachusetts Supreme Judicial Court · 1921
2 more not listed; retrieve them via the Exa API.