Hills v. Putnam
Massachusetts Supreme Judicial Court
Bill in equity, filed October 24, 1889, by Edwin A. Hills, wbo was the surviving trustee under the residuary clause of the will of Benjamin Gorham, and also the administrator of the estate of Benjamin L. Gorham, the testator’s son, against the next of kin of Benjamín L. Gorham, and against Ellen H. Barnard, Rebecca G. Kettell, Rufus Parks, and others, residuary legatees under the will of Benjamin Gorham, and many others, who were interested under the wills of Benjamin Gorham…
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Bill in equity, filed October 24, 1889, by Edwin A. Hills, wbo was the surviving trustee under the residuary clause of the will of Benjamin Gorham, and also the administrator of the estate of Benjamin L. Gorham, the testator’s son, against the next of kin of Benjamín L. Gorham, and against Ellen H. Barnard, Rebecca G. Kettell, Rufus Parks, and others, residuary legatees under the will of Benjamin Gorham, and many others, who were interested under the wills of Benjamin Gorham and of William C. Gorham, another son of Benjamin, for instructions as to the disposition of funds in the plaintiff’s…
1Opinion of the CourtDevens, J.
The object of the bill in the case at bar is not to ascertain the duty of a trustee or of an executor in the administration of property held by him as such, but to determine in what capacity the plaintiff holds it, and thus to decide to which of two claimants, or classes of claimants, the fund in his hands belongs. Both classes of claimants derive their title from, and claim under, the provisions of the will of Benjamin Gorham, the legacies made therein, and the proceedings which have taken place thereunder; each demands the same property, or a part of the same property, and the plaintiff is…
2Cases cited7 opinions
- Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
- Childs v. JordanMassachusetts Supreme Judicial Court · 1871
- Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1872
- Sweeney v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1874
- Libby v. NorrisMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bemis v. ConverseMassachusetts Supreme Judicial Court · 1923
- Bancroft v. CookMassachusetts Supreme Judicial Court · 1928
- Holyoke National Bank v. WilsonMassachusetts Supreme Judicial Court · 1966
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- Estate of McGillicuddy v. CommissionerUnited States Tax Court · 1970
2 more not listed; retrieve them via the Exa API.