Legal Opinion

Tourtillotte v. Tourtillotte

Massachusetts Supreme Judicial Court

Decided May 18, 1910PublishedCited by 20 opinions

Bill in equity, filed in the Superior Court on February 14, 1908, and afterwards amended, against Fred E. Tourtillotte and the Hilldale Cemetery Association, a corporation, by all of the brothers and sisters of the defendant Tourtillotte, nine in number, seeking to have the defendant Tourtillotte declared to be trustee for himself and the plaintiffs of a burial lot which he had purchased from the defendant corporation and the title to which he had received in his own name.

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Bill in equity, filed in the Superior Court on February 14, 1908, and afterwards amended, against Fred E. Tourtillotte and the Hilldale Cemetery Association, a corporation, by all of the brothers and sisters of the defendant Tourtillotte, nine in number, seeking to have the defendant Tourtillotte declared to be trustee for himself and the plaintiffs of a burial lot which he had purchased from the defendant corporation and the title to which he had received in his own name. The case was heard by Pierce, J. He filed the following memorandum: “ I find that the Tourtillotte family, consisting of…

1Opinion of the CourtSheldon, J.

All the members of the Tourtillotte family, including both the plaintiffs and the defendant, intended that the title to this burial lot should be taken in the name of the father, the children no doubt expecting to inherit it as heirs at law, in which case they would have held it under the provisions of R. L. c. 78, § 26. By a mistake, the particulars of which do not appear, the deed was taken in the name of the defendant. This was in July, 1891. The father died in March, 1895. The deed had been kept unconcealed in a desk used by and equally accessible to all the members of the family; but it…

2Cases cited24 opinions

  1. Stark v. StarrsSupreme Court of the United States · 1868
  2. Ryan v. . DoxNew York Court of Appeals · 1866
  3. Moore v. CrawfordSupreme Court of the United States · 1889
  4. Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
  5. Hill v. HallMassachusetts Supreme Judicial Court · 1906

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3Cited by20 opinions

  1. Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
  2. Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
  3. Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
  4. Cann v. BarryMassachusetts Supreme Judicial Court · 1936
  5. Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950

15 more not listed; retrieve them via the Exa API.

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