Cox v. Curwen
Massachusetts Supreme Judicial Court
Bill in equity by Francis Cox and Ellen A. Cox, his wife, alleging the following facts: Henry Barr, the father of the female plaintiff, by deed dated October 25, 1832, and duly recorded, conveyed to John Russell all the real estate owned by him, described in the deed as the same formerly owned by his father, and inherited by him as an heir at law, upon the uses and trusts set forth and declared in a certain indenture of even date, executed by him and Russell.
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Bill in equity by Francis Cox and Ellen A. Cox, his wife, alleging the following facts: Henry Barr, the father of the female plaintiff, by deed dated October 25, 1832, and duly recorded, conveyed to John Russell all the real estate owned by him, described in the deed as the same formerly owned by his father, and inherited by him as an heir at law, upon the uses and trusts set forth and declared in a certain indenture of even date, executed by him and Russell. By the indenture, which was not recorded until March 3, 1874, Barr conveyed to Russell all his real and personal estate inherited from…
1Opinion of the CourtGray, C. J.
The property in question was the property of Henry Barr, and was conveyed by him by the indenture of 1832 to John Russell in trust to retain and hold it during the lifetime of Barr, to convert the real estate into personalty, to render accounts to him annually, to pay to him from time to time the income, and, if necessary, part of the principal, at the discretion of the trustee, for the benefit of Barr and his daughter, and after his death to transfer all the estate then remaining to his “ legal representatives.”
It is admitted that the ordinary meaning of the words “ legal representatives ”…
2Cited by17 opinions
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Briggs v. WalkerSupreme Court of the United States · 1898
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Brownv. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Commissioner of Corporations & Taxation v. Second National BankMassachusetts Supreme Judicial Court · 1941
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