Legal Opinion

Ricketson v. Merrill

Massachusetts Supreme Judicial Court

Decided November 28, 1888PublishedCited by 12 opinions

Bill in equity, under the Pub. Sts. c. 151, § 2, cl. 1-1, as amended by the St. of 1884, c. 285, filed in the Superior Court on February 7, 1887, against George B. Merrill and the executors of the will and codicil of his father, Edward Merrill, to reach and apply in payment of a debt due to the plaintiff from George B. his interest in the estate. The will, which was dated May 29,1883, contained the following provisions, which alone are material. “ Seventh.

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Bill in equity, under the Pub. Sts. c. 151, § 2, cl. 1-1, as amended by the St. of 1884, c. 285, filed in the Superior Court on February 7, 1887, against George B. Merrill and the executors of the will and codicil of his father, Edward Merrill, to reach and apply in payment of a debt due to the plaintiff from George B. his interest in the estate. The will, which was dated May 29,1883, contained the following provisions, which alone are material. “ Seventh. It is my desire in the disposal of my property to do equally with my children, and, as I have made advances to some of them in different…

1Opinion of the CourtDevens, J.

The plaintiff has established the debt due from the defendant, George B. Merrill, by proof of a judgment regularly rendered against him by the Superior Court of the State of California. By a bill framed under the Pub. Sts. c. 151, § 2, cl. 11, as amended by the St. of 1884, c. 285, she seeks to have applied, so far as may be necessary for the payment of her debt, the right, title, or interest which George B. may have in the estate of his late father, Edward Merrill, by a decree that shall direct the other defendants, as executors or trustees under the will of Edward Merrill, to account to her…

2Cases cited4 opinions

  1. Barry v. AbbotMassachusetts Supreme Judicial Court · 1868
  2. Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
  3. Lord v. HarteMassachusetts Supreme Judicial Court · 1875
  4. Potter v. MerrillMassachusetts Supreme Judicial Court · 1887

3Cited by12 opinions

  1. Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
  2. Coram v. DavisMassachusetts Supreme Judicial Court · 1911
  3. Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
  4. Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
  5. In re Robinson's EstateSupreme Court of Vermont · 1916

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