Legal Opinion

Philbrook v. Delano

Supreme Judicial Court of Maine

Decided April 15, 1849PublishedCited by 20 opinions

The stat. chap. 9, <§. 31, R. S. page 374, does not apply, because it has no reference to trusts then existing. On the main point, I cite Unitarian Soc. v. Woodbury, 2 Shepl. 281; 7 Gill & Johns. 157 ; 25 Maine, 354; Botsford v. Keble, 12 Ves. 74; Hanley v. Sprague, 20 Maine, 431 ; Miller v. Pearce, 6 Watts & Serg. 97; Rutledge’s Adm’r v.' Smith’s Ex’rs, 1 McCord’s Ch. 119; 2 Story’s Eq. p.442, <§> 1199, note, particularly what is said as to a lien on the estate sold, for…

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The stat. chap. 9, <§. 31, R. S. page 374, does not apply, because it has no reference to trusts then existing. On the main point, I cite Unitarian Soc. v. Woodbury, 2 Shepl. 281; 7 Gill & Johns. 157 ; 25 Maine, 354; Botsford v. Keble, 12 Ves. 74; Hanley v. Sprague, 20 Maine, 431 ; Miller v. Pearce, 6 Watts & Serg. 97; Rutledge’s Adm’r v.' Smith’s Ex’rs, 1 McCord’s Ch. 119; 2 Story’s Eq. p.442, <§> 1199, note, particularly what is said as to a lien on the estate sold, for the consideration stated in the deed; Story’s Eq. p. 444,$ 1201. The case in 2d Shepley, applies to all the points raised,…

1Opinion of the CourtShepley, C. J.

The plaintiffs by this bill seek to obtain a conveyance of certain real estate alleged to have been convey*412ed and held in trust. The defendants have demurred to the bill. A material question presented is, whether such a trust, as this Court can enforce, is set forth in the bill.

The substantive charge made in the bill is, that Samuel Philbrook, since deceased, conveyed to Ebenezer Delano, the father of his wife, on February 4, 1838, an estate described, without any consideration, but for the express purpose of keeping the property safe for the use of his wife and children. That Delano received…

2Cited by20 opinions

  1. Elterman v. . HymanNew York Court of Appeals · 1908
  2. Patton v. BeecherSupreme Court of Alabama · 1878
  3. Gaylord v. . GaylordSupreme Court of North Carolina · 1909
  4. Troll v. CarterWest Virginia Supreme Court · 1879
  5. Snyder v. MartinWest Virginia Supreme Court · 1880

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