Lombard v. Morse
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 17, 1891, by “ Edward M. Lombard, guardian of Pelatiah Ely,” against “ Lucy A. Morse, alias Lucy A. Ely,” alleging that on July 5, 1889, Pelatiah conveyed by a deed duly recorded certain real estate owned by him to the defendant; that “ on the next day a pretended marriage was had and solemnized between said Pelatiah and said Lucy A., and no decree has been made in legal process instituted to test the validity of such…
Read the full summary
Bill in equity, filed in the Superior Court on January 17, 1891, by “ Edward M. Lombard, guardian of Pelatiah Ely,” against “ Lucy A. Morse, alias Lucy A. Ely,” alleging that on July 5, 1889, Pelatiah conveyed by a deed duly recorded certain real estate owned by him to the defendant; that “ on the next day a pretended marriage was had and solemnized between said Pelatiah and said Lucy A., and no decree has been made in legal process instituted to test the validity of such marriage”; that at or about the same time he transferred to her certain savings bank deposits made by him and believed to…
1Opinion of the CourtBarker, J.
The defendant is the wife of the plaintiff’s ward. The bill alleges that, while the ward was insane and incapable of making transfers of property, on the day before the marriage, the defendant fraudulently procured conveyances and transfers of all his property to herself.
The question raised is whether the bill to avoid these conveyances and transfers can be maintained by the guardian in his own name. There is no allegation that he had made expenditures or incurred obligations expecting to be reimbursed out of the property.
The title to the property of the ward does not pass to the guardian. He…
2Cases cited16 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Inhabitants of Granby v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1810
- Jennings v. CollinsMassachusetts Supreme Judicial Court · 1868
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1820
- Bassett v. BassettMassachusetts Supreme Judicial Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Weidman v. WeidmanMassachusetts Supreme Judicial Court · 1931
- Davis v. DownerMassachusetts Supreme Judicial Court · 1912
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
30 more not listed; retrieve them via the Exa API.