Taft v. Stow
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, alleging that, on or about March 31, 1875, the plaintiff paid over to one Lucinda E. Phillips the sum of $1,000 in bank bills, the same, with accumulating interest thereon, to be held in trust by her, for the benefit of the plaintiff, during the lifetime of Lucinda E. Phillips, and she so received the same, and agreed to hold such sum with its accumulations in trust as above set forth; that on January 27, 1894, Lucinda E. Phillips…
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Bill in equity, filed in the Superior Court, alleging that, on or about March 31, 1875, the plaintiff paid over to one Lucinda E. Phillips the sum of $1,000 in bank bills, the same, with accumulating interest thereon, to be held in trust by her, for the benefit of the plaintiff, during the lifetime of Lucinda E. Phillips, and she so received the same, and agreed to hold such sum with its accumulations in trust as above set forth; that on January 27, 1894, Lucinda E. Phillips died, leaving a will and a large estate, which will was duly proved and allowed; that the defendant was duly appointed…
1Opinion of the CourtMorton, J.
Upon the facts found we think that the plaintiff’s remedy is clearly in equity. The case is not one where all that remained to be done was the payment of an ascertained sum with interest, as, for instance, in Buttrick v. King, 7 Met. 20. It is found that the testatrix received the money in trust to be invested and held by her for the plaintiff until the plaintiff became of full age, or, at the election of the trustee, until the latter’s death. Pursuant to the trust the money was deposited by the trustee in the Provident Institution for Savings with the knowledge and assent of the plaintiff.…
2Cases cited6 opinions
- Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Upham v. DraperMassachusetts Supreme Judicial Court · 1892
- Norton v. RayMassachusetts Supreme Judicial Court · 1885
- Taft v. StowMassachusetts Supreme Judicial Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
- Hawkins v. Scottish Union & National Ins.Mississippi Supreme Court · 1915
- Chopelas v. ChopelasMassachusetts Supreme Judicial Court · 1939
- Ryan v. WardlawMississippi Supreme Court · 1980
6 more not listed; retrieve them via the Exa API.