Legal Opinion

Carr v. Silloway

Massachusetts Supreme Judicial Court

Decided November 15, 1870PublishedCited by 7 opinions

Bell is EQUITY by the administrator of the estate of Daniel Silloway, deceased intestate, against eighteen persons alleged to be holders of or interested in certain promissory notes described in the bill.

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Bell is EQUITY by the administrator of the estate of Daniel Silloway, deceased intestate, against eighteen persons alleged to be holders of or interested in certain promissory notes described in the bill. The bill alleged that the intestate died at Newburyport September 17,1866 ; that the plaintiff was duly appointed adminis trator, and assumed the trust; that the property of the intestate amounted to about $28,000; and that he left a widow, two children of a former marriage, namely, Daniel Silloway, Jr., and Mrs. Mary A. Bradley, five children of the second marriage, five grandchildren, (who…

1Opinion of the CourtChapman, C. J.

The eleven notes, amounting in the aggregate to $28,000, were not gifts inter vivas, the gift never having been completed by delivery. Nor were they gifts causd mortis. Independently of the question whether they could be the subjects of such a gift, they were not thus given. The indorsements were written, and they were inclosed in sealed packages, Septem ber 24, 1864, and left with Mary A. Bradley. The outer envelope, which inclosed them all and was sealed, contained the written direction quoted in the statement of the case. Thus that depositor made the depositary his own agent, reserved to…

2Cited by7 opinions

  1. New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
  2. Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
  3. Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
  4. Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
  5. Old Colony Trust Co. v. SegalMassachusetts Supreme Judicial Court · 1932

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