Shurtleff v. Francis
Massachusetts Supreme Judicial Court
Bill in equity by the son and executor of Samuel A. Shurtleff against Helen Francis and Isabella Coolidge, daughters of said Samuel A., and against their minor children, asking the instructions of the court whether certain assignments of mortgages made by the testator to the plaintiff were valid, or were invalid and passed as property under his will.
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Bill in equity by the son and executor of Samuel A. Shurtleff against Helen Francis and Isabella Coolidge, daughters of said Samuel A., and against their minor children, asking the instructions of the court whether certain assignments of mortgages made by the testator to the plaintiff were valid, or were invalid and passed as property under his will. The case was reserved by Endicott, J., upon the bill, answers, replication and evidence, for the consideration of the full court. The facts of the case appear in the opinion.
1Opinion of the CourtMorton, J.
The testator executed assignments of certain mortgages held by him to the plaintiff. A part of the assignments ran to the plaintiff to his own use, a part to him as trustee of Helen Francis, and a part to him as trustee of Isabella Coolidge. The main question in this case is whether these assignments were delivered to the plaintiff so that the property in the mortgage debts passed to him before the death of the testator. If they were thus delivered, he would hold the property for the purposes and upon the trusts created or declared by the assignments ; if they were not delivered, the property…
2Cited by22 opinions
- Cummings v. BramhallMassachusetts Supreme Judicial Court · 1876
- Fain v. SmithOregon Supreme Court · 1886
- Higman v. StewartMichigan Supreme Court · 1878
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Parrott v. AveryMassachusetts Supreme Judicial Court · 1893
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