Legal Opinion

McDonough v. O'Niel

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 55 opinions

Bill in equity by the widow, being the administratrix with the will annexed and the sole legatee of John B. McDonough, to enforce a resulting trust.

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Bill in equity by the widow, being the administratrix with the will annexed and the sole legatee of John B. McDonough, to enforce a resulting trust. The bill alleged that April 1,1870, her husband purchased of one Godfrey, for $3000, a lot of land with a dwelling-house upon it; that the deed was made to the defendant upon the express agreement that he would hold the premises in trust for her husband ; that her husband paid $1500 in cash; that the defendant, at her husband’s request and for her husband’s benefit, gave his note for $1500, secured by a mortgage of the premises, in payment of the…

1Opinion of the CourtGray, C. J.

The decision of this case depends upon the application to the evidence of well settled rules of equity jurisprudence.

Where land conveyed by one person to another is paid for with the money of a third, a trust results to the latter, which is not within the statute of frauds. It is sufficient if the purchase money was lent to him by the grantee, provided the loan is clearly proved. And the grantee’s admissions, like other parol evidence, though not competent in direct proof of the trust, are yet admissible to show that the purchase money, by reason of such loan or otherwise, was the money of…

2Cases cited4 opinions

  1. Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
  2. Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
  3. Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
  4. Jackson v. StevensMassachusetts Supreme Judicial Court · 1871

3Cited by55 opinions

  1. Kirby v. TallmadgeSupreme Court of the United States · 1896
  2. United States v. BuddSupreme Court of the United States · 1892
  3. Camden v. StuartSupreme Court of the United States · 1892
  4. Howe v. HoweMassachusetts Supreme Judicial Court · 1908
  5. Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912

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