National Webster Bank v. Eldridge
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of an agreement *-0 purchase real estate. The material allegations of the bill were as follows: In the year‘1855 John Dorr, of Boston, died, leaving a last will and testament, which was thereafter duly proved and allowed by the Probate Court for the county of Suffolk. At the time of his death Dorr was the owner of an estate in Boston, situated on the córner of Milk Street and Sewall Place, known as Sewall Block.
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Bill in equity for the specific performance of an agreement *-0 purchase real estate. The material allegations of the bill were as follows: In the year‘1855 John Dorr, of Boston, died, leaving a last will and testament, which was thereafter duly proved and allowed by the Probate Court for the county of Suffolk. At the time of his death Dorr was the owner of an estate in Boston, situated on the córner of Milk Street and Sewall Place, known as Sewall Block. By the terms of the will Sewall Block was, with other property, devised and conveyed to John Dorr, Junior, Charles Hayward and Peter Wilder…
1Opinion of the CourtWells, J.
The estate in question was devised to three trustees, with full power to sell and convey. In case of a vacancy in their number, the remaining trustees or trustee were empowered and directed to appoint others to fill the place, “ by any writing signed and sealed by them or him,” to be approved by the judge of probate or by any justice of the Supreme Judicial Court, and in default of such appointment, the vacancy was to be filled by said judge or justice. During the continuance of such vacancy it was provided that “ the trusts, powers and duties hereby created and assigned to them may be…
2Cited by19 opinions
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
- State v. UnderwoodWyoming Supreme Court · 1939
- Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
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