Taft v. Stow
Massachusetts Supreme Judicial Court
Contract, by a cestui que trust, to recover from the executor of a will one thousand dollars, with interest due, by the termination of the trust, and payable to the plaintiff. The defendant demurred to the declaration, assigning various grounds therefor. The Superior Court sustained the demurrer, and ordered judgment for the defendant; and the plaintiff appealed to this court.
1Opinion of the CourtKnowlton, J.
It may be assumed in favor of the plaintiff that the allegations of the declaration, if proved, would show the creation of a valid trust. Gerrish v. New Bedford Institution for Savings, 128 Mass. 159. A trust in personal property may be created and proved by paroi. Chase v. Perley, 148 Mass. 289. It is alleged that the money in question was set apart and deposited as a trust fund for the benefit of the plaintiff ; that the defendant’s testatrix made a declaration of trust, whereby it was declared that this fund was to be kept in its place of deposit, and interest accruing on it to be held for…
2Cases cited2 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Chase v. PerleyMassachusetts Supreme Judicial Court · 1889
3Cited by6 opinions
- Jordan v. County CommissionersMassachusetts Supreme Judicial Court · 1929
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Chace v. GardnerMassachusetts Supreme Judicial Court · 1917
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1932
- Taft v. StowMassachusetts Supreme Judicial Court · 1899
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