Hunt v. Moore
Massachusetts Supreme Judicial Court
This was a bill in equity, in which the plaintiff alleged, that in February, 1847, he made an oral agreement with the defendant, that the plaintiff should convey his farm to the defendant, in consideration for which conveyance, the defendant agreed that he would “ obligate ” himself to furnish a suitable, proper, and comfortable support to the plaintiff and Lydia, his wife, in sickness and in health, during the term of their natural lives, and would also “ obligate ” himself…
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This was a bill in equity, in which the plaintiff alleged, that in February, 1847, he made an oral agreement with the defendant, that the plaintiff should convey his farm to the defendant, in consideration for which conveyance, the defendant agreed that he would “ obligate ” himself to furnish a suitable, proper, and comfortable support to the plaintiff and Lydia, his wife, in sickness and in health, during the term of their natural lives, and would also “ obligate ” himself to pay to the estate of the plaintiff, at his decease, the sum of five hundred dollars ; that in pursuance of this…
1Opinion of the CourtFletcher, J.
It is maintained, on the part of the defendant, that the bill discloses no ground of jurisdiction in equity in this court. For the plaintiff, it is maintained, that this court has jurisdiction of the case, on' the ground of trust. It is admitted that no express trust is set out; but it is insisted, that the bill discloses a resulting trust by implication of law. *3To support this position, it should appear, from the facts set out, that when the conveyance was made by the plaintiff to the defendant, though it was absolute and unconditional in form, yet that by reason of the facts alleged, the…
2Cited by13 opinions
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- Holmes v. SmytheIllinois Supreme Court · 1881
- Knight v. MannMassachusetts Supreme Judicial Court · 1875
- Atwood v. DumasMassachusetts Supreme Judicial Court · 1889
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