Mechanics' Savings Bank v. Waite
Massachusetts Supreme Judicial Court
Two trustee processes. George D. Robinson, administrator of the estate of Edward J. Vinton, was summoned as trustee in each case. The cases were tried in the Superior Court, without a jury, before Dewey, J., who reported them for the determination of this court. The material facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The Mechanics’ Savings Bank summoned Mr. Robinson as trustee of the principal defendant. Afterwards the Chapin National Bank served him with similar process. The principal defendant has been defaulted, and the question raised by the report is whether the trustee should be .charged in either suit. If he is chargeable in the earlier one, he is chargeable in the second, unless the first exhausts the fund in his hands.
When the first writ was served the principal defendant was entitled to a distributive share of one fourth of the estate of Edward J. Vinton, a minor, deceased, when it should be…
2Cases cited7 opinions
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