Seamans v. Gibbs
Massachusetts Supreme Judicial Court
'Bill in equity against John Gibbs, Moses Withington and Henry G. Seaverns, by the purchaser of an equitable interest in land held in trust by the defendant Gibbs, to compel a conveyance of the same. Hearing before Morton, J., who dismissed the bill with costs; and the plaintiff appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtEndicott, J.
The defendant holds the real- estate in question in trust, with full power to manage it and sell off the gravel, loam and wood from time to time at his discretion; and also to sell and convey the land itself or any part thereof, and for such sums as may seem to him judicious. He is to divide the net proceeds of all sales among the equitable owners, according to their respective interests, or he may at his discretion expend them in improving the property. These provisions are contained in the deed by which the land was conveyed to him. The declarations of trust made by the defendant do not…
2Cases cited3 opinions
- French v. Old South Society in BostonMassachusetts Supreme Judicial Court · 1871
- Hills v. SimondsMassachusetts Supreme Judicial Court · 1878
- Mason v. DalyMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- 68 Beacon Street, Inc. v. SohierMassachusetts Supreme Judicial Court · 1935
- Nichols v. RogersMassachusetts Supreme Judicial Court · 1885
- Minot v. BurroughsMassachusetts Supreme Judicial Court · 1916
- Walsh v. StateAppellate Division of the Supreme Court of the State of New York · 1928