Ladd v. Chase
Massachusetts Supreme Judicial Court
The first CASE was a bill in equity, filed in the Superior Court by Gardner P. Ladd, executor of the will of Ann L. Chase, against the administrator de bonis non with the will annexed of Thomas H. Chase, and the legatees under the will of .Mrs. Chase and others, as a bill of interpleader, and for instructions respecting the disposition of certain savings bank deposits in the plaintiff’s possession.
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The first CASE was a bill in equity, filed in the Superior Court by Gardner P. Ladd, executor of the will of Ann L. Chase, against the administrator de bonis non with the will annexed of Thomas H. Chase, and the legatees under the will of .Mrs. Chase and others, as a bill of interpleader, and for instructions respecting the disposition of certain savings bank deposits in the plaintiff’s possession. The second case was a bill in equity, also filed in the same court by such administrator against such executor, to obtain possession of the deposits. The cases were heard in the Superior Court, and…
1Opinion of the CourtMorton, J.
The bill in the first case cannot be maintained as a bill of interpleader, by reason of the interest which the plaintiff has in the subject matter of the suit. 2 Dan. Ch. Pl. & Pr. (3d Am. ed.) 1660, 1668. We think, however, it may be regarded as a bill for instructions, in which case the interest of the plaintiff in the subject matter would not be fatal. Stevens v. Warren, 101 Mass. 564. Batchelder, petitioner, 147 Mass. 465, 470.
The further question then arises whether a bill for instructions can be brought in the Superior Court, and we think it can. The jurisdiction of this court in the…
2Cases cited8 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Funk v. EgglestonIllinois Supreme Court · 1879
- Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
- Chase v. LaddMassachusetts Supreme Judicial Court · 1891
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3Cited by17 opinions
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Winsor v. BrownSupreme Court of Rhode Island · 1927
- Leonard v. WheelerMassachusetts Supreme Judicial Court · 1927
- Nunes v. RogersMassachusetts Supreme Judicial Court · 1940
12 more not listed; retrieve them via the Exa API.