Cormerais v. Wesselhoeft
Massachusetts Supreme Judicial Court
• Bill in' equity to charge real estate, the legal title to which was in the defendants, with a trust in the plaintiff’s favor.
Read the full summary
• Bill in' equity to charge real estate, the legal title to which was in the defendants, with a trust in the plaintiff’s favor. At the hearing before Wells, J., upon bill, answer and proofs, it appeared that the estate was conveyed February 7, 1863, to the plaintiff’s wife, to be held to her sole and separate use, free from the interference and control of the plaintiff, and was warranted to be free from all incumbrances except a mortgage to secure the payment of a note for $5000, and interest, which the grantee “ was to assume and pay when it became due.” The plaintiff paid $1100, the balance…
1Opinion of the CourtGray, C. J.
The plaintiff’s allegation that his wife took the conveyance in trust for him is not sustained by the evidence. A deed made by a third person to a wife, at the request of her husband, and with the intention of vesting the legal estate in her, is to be presumed to have been intended by him as a provision for her, in the absence of clear proof to the contrary. The testimony of the plaintiff, which is the only evidence in his favor, is directly contradicted by his declarations during the lifetime of his wife that the estate belonged to her; and falls far short of the proof required to establish…
2Cases cited3 opinions
- Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
- Melley v. CaseyMassachusetts Supreme Judicial Court · 1868
- Tucker v. FennoMassachusetts Supreme Judicial Court · 1872
3Cited by14 opinions
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Patterson v. PattersonMassachusetts Supreme Judicial Court · 1908
- Moy v. Jack Madden Ford Sales, Inc.Massachusetts Appeals Court · 1976
- Dietrich v. HutchinsonSupreme Court of Vermont · 1901
- Skinner v. HaleSupreme Court of Connecticut · 1903
9 more not listed; retrieve them via the Exa API.