Vantine v. Morse
Massachusetts Supreme Judicial Court
Bill in equity filed February 12,1869, under the Gen. Stsc. 113, § 2, against Samuel H. Morse, the National Revere Bank and the executors of the will of Eliza Morse, to reach, and apply in payment of a debt due from Samuel H. Morse to the plaintiff, and as property of the debtor which could' not be come at to be attached or taken on execution in a suit at law against him, five shares in the capital stock of the bank, which were specifically bequeathed to him by the…
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Bill in equity filed February 12,1869, under the Gen. Stsc. 113, § 2, against Samuel H. Morse, the National Revere Bank and the executors of the will of Eliza Morse, to reach, and apply in payment of a debt due from Samuel H. Morse to the plaintiff, and as property of the debtor which could' not be come at to be attached or taken on execution in a suit at law against him, five shares in the capital stock of the bank, which were specifically bequeathed to him by the testatrix. The bill alleged that Eliza Morse died December 19,1868, leaving a will, which was duly proved and allowed January 11,…
1Opinion of the CourtAmes, J.
It is well established that a legacy in the hands of an executor may be attached on a trustee process in favor of a creditor of the legatee, without the necessity of waiting for the expiration of one year from the appointment of the executor. Gen. Sts. c. 142, § 22. For the protection of the executor, the court, whenever it should be necessary, would' order the continuance of the case, until the estate was so far settled as to render it certain that the legacy would be paid from the assets. Hoar v. Marshall, 2 Gray, 251. We know no reason why the same rule should not apply where the legacy,…
2Cases cited1 opinion
- New England Marine Insurance v. ChandlerMassachusetts Supreme Judicial Court · 1820
3Cited by10 opinions
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Phœnix Insurance v. AbbottMassachusetts Supreme Judicial Court · 1879
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Mechanics' Savings Bank v. WaiteMassachusetts Supreme Judicial Court · 1889
- New England Merchants National Bank v. HossMassachusetts Supreme Judicial Court · 1969
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