Plympton v. Boston Dispensary
Massachusetts Supreme Judicial Court
Bill in equity filed May 24, 1870, by the trastee under the will of Benjamin Dearborn, for the instructions of the court aa to the payment of an assessment made by the city of Boston for betterment of an estate on Avon Place, upon laying out that place as a highway.
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Bill in equity filed May 24, 1870, by the trastee under the will of Benjamin Dearborn, for the instructions of the court aa to the payment of an assessment made by the city of Boston for betterment of an estate on Avon Place, upon laying out that place as a highway. The case was reserved by the chief justice, upon the bill and answers, for the determination of the full court, and was in substance as follows : Benjamin Dearborn died and his will was admitted to probate in 1838. His wife had two daughters by a former marriage, one of whom had intermarried with his son, John M. Dearborn, and the…
1Opinion of the CourtGray, J.
It is admitted that the assessment for betterment was duly laid by the city upon the estate in Avon Place, and must be paid. The question argued is, how the plaintiff shall charge or apportion the amount upon the interests of the Boston *547Dispensary and of Mrs. Dearborn in the trust fund in his hands. This question may be most conveniently treated by considering first the general rules of law in like cases, and then how far the application of those rules is affected by the provisions of the will.
As between tenant for life and remainderman, ordinary taxes are to be paid by the tenant for life.…
2Cases cited4 opinions
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Murray v. CarothersCourt of Appeals of Kentucky · 1858
- Cairns v. ChabertNew York Court of Chancery · 1839
- Swaine v. PerineNew York Court of Chancery · 1821
3Cited by32 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Thayer v. ShoreyMassachusetts Supreme Judicial Court · 1934
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Parkhurst v. GinnMassachusetts Supreme Judicial Court · 1917
- Stroh v. O'HearnMichigan Supreme Court · 1913
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