Arlington Trust Co. v. Le Vine

After the rescript in this case ordering judgment to be entered for the plaintiff on the verdict (Arlington Trust Co. v. Le Vine, 289 Mass. 585), the plaintiff filed a motion to charge the United States Trust Company, which had been previously summoned in as trustee of the defendant by special precept issued by the court (G. L. [Ter. Ed.] c. 223, § 85), and the alleged trustee filed a motion for its discharge. At the hearing on these motions it appeared *246from the alleged trustee’s amended answer that when the special precept was issued it had funds in its hands belonging to the defendant, and…