Edwards v. Barnes
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the account of the executors of the will of William Edwards. Hearing before Barker, J., who reported the case for the consideration of the full court, in substance as follows. William Edwards died on June 16, 1886, testate, and the account allowed is the only one which the executors have rendered, and it covers their administration from the testator’s death until January, 1895. William Edwards was a business man.
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Appeal from a decree of the Probate Court, allowing the account of the executors of the will of William Edwards. Hearing before Barker, J., who reported the case for the consideration of the full court, in substance as follows. William Edwards died on June 16, 1886, testate, and the account allowed is the only one which the executors have rendered, and it covers their administration from the testator’s death until January, 1895. William Edwards was a business man. He had a brother Jacob, who lent him money and also helped him by his credit, and from the year 1875 until William’s death he was…
1Opinion of the CourtBarker, J.
An examination of the instruments of August 1, 1877, called in the report a trust deed and defeasance, shows that they do not constitute a mere mortgage, but give the title to Jacob Edwards in trust to sell the lands and to reimburse himself out of the proceeds. The sales made since the death of the grantor have been made upon this footing, and the proceeds have been applied to the extinguishment of the debt due to Jacob Edwards. These proceeds were in fact money of the trust, and not of the estate of the grantor ; and the appellees are not chargeable with them in their executors’ account, if…
2Cases cited2 opinions
- Smythe v. SpragueMassachusetts Supreme Judicial Court · 1889
- Keith v. MolineuxMassachusetts Supreme Judicial Court · 1894
3Cited by3 opinions
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- Federal National Bank v. GastonMassachusetts Supreme Judicial Court · 1926
- F. & M. Schaefer Brewing Co. v. MoebsMassachusetts Supreme Judicial Court · 1905