Johnson v. Cushing
Superior Court of New Hampshire
In Equity. Tho bill was filed by the plaintiffs, creditors of Theodore Sheafe, late of Portsmouth, deceased, in behalf of themselves and all others, the creditors of said Theodore, who should come into court and seek relief by, and contribute to, the expenses of the suit.
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In Equity. Tho bill was filed by the plaintiffs, creditors of Theodore Sheafe, late of Portsmouth, deceased, in behalf of themselves and all others, the creditors of said Theodore, who should come into court and seek relief by, and contribute to, the expenses of the suit. It alleged that Jacob Sheafe, late of Portsmouth, deceased, being possessed of a large estate, real and personal, on the second day of November, A. D. 1826, made and published, in due form of law, his last will and testament, by which, after giving to each of his ten children five dollars, and after devising to Ms wife, Mary…
1Opinion of the CourtParker, C. J.
Here is undoubtedly a trust in the hands of the defendants. And the statute conferring chancery powers upon this court gives us power expressly in cases of trusts. The jurisdiction to enforce and apply the trust, in favor of those legally entitled, to the benefit of it, seems to be clear, and is not denied by the defendants. 9 N. H. Rep. 309, Parsons vs. Parsons.
If the creditors aire entitled to relief, according to the prayer of the bill, the attempt to dispose of the property, without providing for them payment, may also be treated as a fraudulent execution of the power vested in Theodore…
2Cases cited1 opinion
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
3Cited by5 opinions
- United States v. FieldSupreme Court of the United States · 1921
- Crane v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1926
- Seward v. KaufmanNew Jersey Court of Chancery · 1935
- Tallmadge v. SillNew York Supreme Court · 1855
- Kimball v. Bible SocietySupreme Court of New Hampshire · 1889