Wirth v. Wirth
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Probate Court for the County of Suffolk on Januarjr 3, 1902, by Jacob Wirth, son of Jacob Wirth, deceased, Elizabeth Maria Wirth, a minor, daughter of the last named Jacob, and George Fred Williams as guardian of Elizabeth Maria Wirth and also as executor under the will of Maria Wirth, deceased, widow of the elder Jacob, against Henry R. Wirth, administrator de bonis non with the will annexed of the estate of Jacob Wirth, to free from trust…
Read the full summary
Bill in equity, filed in the Probate Court for the County of Suffolk on Januarjr 3, 1902, by Jacob Wirth, son of Jacob Wirth, deceased, Elizabeth Maria Wirth, a minor, daughter of the last named Jacob, and George Fred Williams as guardian of Elizabeth Maria Wirth and also as executor under the will of Maria Wirth, deceased, widow of the elder Jacob, against Henry R. Wirth, administrator de bonis non with the will annexed of the estate of Jacob Wirth, to free from trust certain property belonging to that estate. The will of Jacob Wirth contained the following provisions: “ I give to my wife,…
1Opinion of the CourtKnowlton, C. J.
Jacob Wirth, his minor sister, and her guardian join as plaintiffs in this bill to compel the defendant, who is the administrator de bonis non with the will annexed of the estate of their father Jacob Wirth, to transfer to them in specie the property held and used by him in conducting the business of selling intoxicating liquors, which he is carrying on under and in accordance with the directions contained in the will of their father. Jacob Wirth, the elder, died on August 10, 1892, and this business has been carried on very profitably ever since, first by his widow, the executrix of his…
2Cases cited2 opinions
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Massachusetts General Hospital v. FairbanksMassachusetts Supreme Judicial Court · 1882
3Cited by2 opinions
- Closset v. BurtchaellOregon Supreme Court · 1924
- Ringrose v. GleadallCalifornia Court of Appeal · 1911