Smith v. Williams
Massachusetts Supreme Judicial Court
Bill in equity, alleging that in 1857 certain land of Joha Southwick, deceased, intestate, which had been set off to his widow for her dower, was taken by a railroad corporation for its railroad, and the entire damages for such taking, amounting to the sum of $500, assessed and awarded, without any apportionment thereof, and paid to Dan Hill, a trustee appointed by the widow and heirs, to invest the same, and pay the income thereol to the widow for life, and the remainder to…
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Bill in equity, alleging that in 1857 certain land of Joha Southwick, deceased, intestate, which had been set off to his widow for her dower, was taken by a railroad corporation for its railroad, and the entire damages for such taking, amounting to the sum of $500, assessed and awarded, without any apportionment thereof, and paid to Dan Hill, a trustee appointed by the widow and heirs, to invest the same, and pay the income thereol to the widow for life, and the remainder to the heirs ; that the income was accordingly paid to the widow until the death of the trustee in 1864, leaving a will by…
1Opinion of the CourtGray, C. J.
The plaintiff sues in behalf of himself and of all other persons having like interests in the alleged trust fund. How far such persons should be made parties to the suit depends largely upon the discretion of the court, considering on the one hand the difficulty and expense of joining them, and on the other the paramount importance of having such a representation of the interests concerned as may enable the question at issue to be fairly tried. Stevenson v. Austin, 3 Met. 474. Harvey v. Harvey, 4 Beav. 215, and 5 Beav. 134.
It appears upon the face of the bill that the names and residences of…
2Cases cited1 opinion
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
3Cited by18 opinions
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Medico v. Employers Liability Assurance Corp.Supreme Judicial Court of Maine · 1934
- Chapman v. Banker & Tradesman Publishing Co.Massachusetts Supreme Judicial Court · 1880
- Wickwire Spencer Steel Corp. v. United Spring Co.Massachusetts Supreme Judicial Court · 1924
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
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