In re the Eastern Railroad
Massachusetts Supreme Judicial Court
Petition bv the president of the Eastern Railroad Company and a creditor thereof, for the appointment of trustees under the St. of 1876, c. 236, the material provisions of which are stated in the opinion. Hearing before Ames, J., who reserved, for the consideration of the full court, the question whether the appointment should be made.
1Opinion of the CourtGray, C. J.
This court, under its general jurisdiction in equity to enforce and regulate the execution of trusts, may appoint trustees to administer any lawful trust, although no express provision as to such appointment is made by statute or by the instrument by which the trust is created. Gen. Sts. c. 100, § 9 ; c. 113, § 2, cl. 2. Bowditch v. Banuelos, 1 Gray, 220. Bailey v. Kilburn, 10 Met. 176. Winslow v. Cummings, 3 Cush. 358. The power of the court has not been limited to appointing trustees under trusts already existing; but it has often been authorized, in cases of trusts which would not be…
2Cases cited3 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Felch v. HooperMassachusetts Supreme Judicial Court · 1875
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1875
3Cited by3 opinions
- Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
- Eastern Maine General Hospital v. HarrisonSupreme Judicial Court of Maine · 1937
- Tuttle v. Merchant's National BankMontana Supreme Court · 1896