Legal Opinion

Barnes v. Treat

Massachusetts Supreme Judicial Court

Decided March 15, 1811PublishedCited by 17 opinions

The principal defendant in this case having been defaulted, the question brought before the Court was, whether Mr. Allen was holden as his trustee, upon the following facts appearing from his declaration on oath.

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The principal defendant in this case having been defaulted, the question brought before the Court was, whether Mr. Allen was holden as his trustee, upon the following facts appearing from his declaration on oath. Jeremiah Allen, Esq., late sheriff of this county, died on the twelfth day of February, 1809, leaving the supposed trustee sole executor of his last will, which was duly proved, and execution thereof committed to the trustee on the twentieth day of the same month, and which contained the following clause: — “ Fourthly, I give to Mr. James Eunson two thousand dollars, to be paid…

1Opinion of the Court

The opinion of the Court (absente Parsons, C. J.) was delivered, as follows, by

Sedgwick, J.

The question in this case is, whether an executor, before probate of the will, can be summoned, and afterwards charged as the trustee of one to whom a pecuniary legacy is given by his testator, he having sufficient assets to pay all debts and legacies.

Formerly, executors, under the circumstances of Mr. Allen, as disclosed by his answers, were adjudged trustees; and so also were officers, who had in their hands money collected on executions. This, however, was done under the provincial statute on this…

2Cited by17 opinions

  1. James J. Sullivan, Inc. v. Cann's Cabins, Inc.Massachusetts Supreme Judicial Court · 1941
  2. Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
  3. Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
  4. Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
  5. Stout v. LaFolletteIndiana Supreme Court · 1878

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