Amory v. Lawrence
U.S. Circuit Court for the District of Massachusetts
In equity. Bill in equity praying for an account from the executors of William Appleton of certain real and personal estate conveyed by the complainant to said William Appleton dming his life, and of tb.e receipts derived therefrom, either from its sale or as income,' and that said executors might be decreed to pay to the complainant all such sums as might be found due him on such ¿ccounting.
Read the full summary
In equity. Bill in equity praying for an account from the executors of William Appleton of certain real and personal estate conveyed by the complainant to said William Appleton dming his life, and of tb.e receipts derived therefrom, either from its sale or as income,' and that said executors might be decreed to pay to the complainant all such sums as might be found due him on such ¿ccounting. The bill also prayed that one of the respondents, Thomas O. Amory, might be decreed to account for and pay to the complainant certain rents, profits, and receipts derived from certain real estate alleged…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Admitted as the matters weU pleaded in the bill of complaint are by the demurrers, the only question is as to their legal effect. Several objections are taken to the right of the com-' plainant to a decree, which will be briefly considered in the foUowing order. That the claim is within the statute of frauds, as the trust was not created or declared by an instrument in writing, signed by the party creating or declaring the same, as it is settled law in this state, that no trust can be created or declared except by such an instrument. That the claim is barred by ihe…
2Cases cited5 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Finney v. CochranSupreme Court of Pennsylvania · 1841
- Cleveland v. BoerumNew York Supreme Court · 1858
- Williams v. ThornNew York Court of Chancery · 1845
3Cited by11 opinions
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Burton v. PerryIllinois Supreme Court · 1893
- American File Co. v. GarrettSupreme Court of the United States · 1884
- Carter v. Schott (In Re Carter Paper Co.)United States Bankruptcy Court, M.D. Louisiana · 1998
- Nash v. SimpsonSupreme Judicial Court of Maine · 1886
6 more not listed; retrieve them via the Exa API.