Du Puy v. Standard Mineral Co.
Supreme Judicial Court of Maine
On exceptions. Bill in equity, praying that the plaintiff might be discharged as trustee in a certain trust deed and for the appointment of a new trustee. The bill having been dismissed in the court below, for want of jurisdiction on the ground that the trust was created outside the State, and none of the parties interested being citizens or inhabitants of the State, the plaintiff took exceptions to the decree dismissing the bill.
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On exceptions. Bill in equity, praying that the plaintiff might be discharged as trustee in a certain trust deed and for the appointment of a new trustee. The bill having been dismissed in the court below, for want of jurisdiction on the ground that the trust was created outside the State, and none of the parties interested being citizens or inhabitants of the State, the plaintiff took exceptions to the decree dismissing the bill. The plaintiff filed his bill of complaint on September 24, 1894, and having proved to the satisfaction of the court that all of the defendants reside out of the…
1Opinion of the CourtHaskell, J.
The real estate mentioned in the bill is situated in the county of Sagadahoc, and was conveyed to the plaintiff, by deed, in trust for specific purposes therein named. This trust is within our jurisdiction, and may be dealt with regardless of the residence of the parties in interest. The plaintiff is the trustee and voluntarily submits himself to the jurisdiction of the court, so that both the res and the title to it are in court. Whether the bill shall be sustained and relief given is a matter of discretion to be considered below; but the power is settled beyond question, as the authorities…
2Cited by6 opinions
- Swetland v. SwetlandNew Jersey Court of Chancery · 1930
- Munsey v. GrovesSupreme Judicial Court of Maine · 1955
- Whittemore v. Continental MillsDistrict Court, D. Maine · 1951
- Adams v. AlleySupreme Judicial Court of Maine · 1973
- Rowe v. HaydenSupreme Judicial Court of Maine · 1953
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