Coburn v. Ansart
Massachusetts Supreme Judicial Court
The only question m this case was, whether Mr. Locke, from the facts disclosed in his answer to the interrogatories put to him, was the trustee of the principal defendant.
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The only question m this case was, whether Mr. Locke, from the facts disclosed in his answer to the interrogatories put to him, was the trustee of the principal defendant. The answer states that at the time of the service of this process, Mr. L. had in his hands 189 dollars, 53 cents, which he had received as attorney to said Catherine, upon a note of hand, of which the following is a copy:—“ For value received, I promise to pay Catherine Ansart, executrix of the last will and testament of Lewis Ansart, Esq., deceased, one hundred and eighty-seven dollars, and seventy-six cents, in ninety…
1Opinion of the Court
By the Court
(ábsente Sewall, J.). The money the trustee holds is Mrs. Ansart’s, and to her only is he accountable; he is her debtor, and her demand is well attached by this process (8).
[If the money was due to the trustee as executrix, it was trust property, and ought not to have been taken for the payment of her own debts.—Farr. vs. Newman 4 D. & E. 621 .—Gaskell vs. Marshall, 1 Moody & Rob. 132.—Ed.]
2Cited by10 opinions
- Marvel v. BabbittMassachusetts Supreme Judicial Court · 1887
- Stanwood v. SageCalifornia Supreme Court · 1863
- King v. GriffinSupreme Court of Alabama · 1844
- Williams v. FullertonSupreme Court of Vermont · 1848
- Garland v. Sperling Bros.New Mexico Supreme Court · 1892
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