Bancroft v. Russell
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to determine the disposition of the proceeds of two policies of insurance upon the life of William Proctor. The case was heard by Dewey, J., who reserved it for the determination of this court upon the pleadings and an agreed statement of facts, the material parts of which are as follows.
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Bill in equity, filed in the Superior Court, to determine the disposition of the proceeds of two policies of insurance upon the life of William Proctor. The case was heard by Dewey, J., who reserved it for the determination of this court upon the pleadings and an agreed statement of facts, the material parts of which are as follows. William Proctor, for many years previous and down to the time of the decease of his mother, Harriet Prescott, assisted largely in furnishing her with all that was needed for her comfort, the balance necessary for her support and maintenance being furnished by her…
1Opinion of the CourtField, C. J.
The St. of 1887, c. 214, § 73, and the Pub. Sts. c. 119, § 167, do not control this case. Although undoubtedly in the event which has happened Mr. Bancroft is the person to whom the money was payable, yet by the terms of the policy it was payable to him as “ trustee for Harriet Prescott,” and the question is what is the nature of the trust. It is settled that a trust in personal property can be shown by oral testimony, and the word “ trustee ” does not conclusively define the nature of the trust. Davis v. Coburn, 128 Mass. 377. Chace v. Chapin, 130 Mass. 128. Chase v. Perley, 148 Mass. 289.…
2Cases cited7 opinions
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Scott v. Berkshire County Savings BankMassachusetts Supreme Judicial Court · 1885
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1871
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3Cited by17 opinions
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Russell v. MeyersMassachusetts Supreme Judicial Court · 1944
- Mishara v. AlbionMassachusetts Supreme Judicial Court · 1961
12 more not listed; retrieve them via the Exa API.