Lincoln v. Wood
Massachusetts Supreme Judicial Court
Bill in equity in the nature of a bill of interpleader, by the administrators with the will annexed of Jonathan T. Barker, against the trustees under said will, and the heirs at law and next of kin of the testator.
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Bill in equity in the nature of a bill of interpleader, by the administrators with the will annexed of Jonathan T. Barker, against the trustees under said will, and the heirs at law and next of kin of the testator. The case was heard by Ames, J., on the bill and answers, and reserved for the determination of the full court, and was as follows : Jonathan T. Barker died May 26, 1872. By his will, he devised and bequeathed all his estate to establish and support a free school in the town of Boxford, and provided that, after defraying the expenses of building and furnishing a suitable house for…
1Opinion of the CourtSoule, J.
We see no ground on which the trustees are entitled to interest on the sum of thirty thousand dollars from the date of the decree ratifying the compromise to the time when that sum was paid to them.
The decree, by force of the statute, is binding and valid on all parties claiming either under the will or as heirs or next of kin. St. 1864, e. 173. But it is binding and is intended mainly for the purpose of determining the rights of the parties to particular or proportionate parts of the estate, as against each other, and does not, in the absence of any stipulation to that effect in ths…
2Cited by2 opinions
- Barber v. WestcottSupreme Court of Rhode Island · 1899
- Mulligan v. McDonaghMassachusetts Supreme Judicial Court · 1940