Hines v. Levers & Sargent Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 10 and amended on September 20, 1916, by the administrators de bonis non with the will annexed of the estate of Peter Donnelly, late of Lynn, against the Levers and Sargent Company, a corporation having a usual place of business in Newburyport and engaged in the manufacture of shoes, to compel the defendant to pay to the plaintiffs a sum of money wrongfully received by the defendant on or about November 1, 1915, in payment…
Read the full summary
Bill in equity, filed in the Superior Court on June 10 and amended on September 20, 1916, by the administrators de bonis non with the will annexed of the estate of Peter Donnelly, late of Lynn, against the Levers and Sargent Company, a corporation having a usual place of business in Newburyport and engaged in the manufacture of shoes, to compel the defendant to pay to the plaintiffs a sum of money wrongfully received by the defendant on or about November 1, 1915, in payment for certain shoes purchased without authority by the former executors of the will of Peter Donnelly and paid for out of…
1Opinion of the CourtBraley, J.
The executors, although named in the will as trustees and duly appointed to the office, held no part of the estate throughout the period shown by the record in the latter capacity, because no account was ever settled in the court of probate wherein they were credited as executors with the amount they were to hold *216as trustees. Daggett v. White, 128 Mass. 398. Welch v. Boston, 211 Mass. 178, 181.
And, not having been empowered by the will, or authorized under the St. of 1910, c. 411, or by agreement, as in Howe v. Richardson, 186 Mass. 259, between all the legatees and devisees, to continue the…
2Cases cited14 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
- First National Bank v. Truesdale HospitalMassachusetts Supreme Judicial Court · 1934
- Donnelly v. AldenMassachusetts Supreme Judicial Court · 1918
- Mooers v. GreeneMassachusetts Supreme Judicial Court · 1931
7 more not listed; retrieve them via the Exa API.