Nickerson v. Chase
Massachusetts Supreme Judicial Court
Trustee process. Joseph K. Baker, administrator with the will annexed of the estate of Benjamin Ryder, summoned as trustee, answered, denying that, at the time of the service upon him, he had in his hands and possession, as such administrator or individually, any goods, effects or credits of the principal defendant.
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Trustee process. Joseph K. Baker, administrator with the will annexed of the estate of Benjamin Ryder, summoned as trustee, answered, denying that, at the time of the service upon him, he had in his hands and possession, as such administrator or individually, any goods, effects or credits of the principal defendant. The plaintiff thereupon filed interrogatories to the rrustee, and the material portions of his answers thereto were that Ryder by his will bequeathed to the principal defendant the interest which he owned in a schooner and $200; that the interest of Ryder in the schooner was one…
1Opinion of the CourtAmes, J.
The pecuniary legacy payable to the principal defendant was attachable in this process, but, as the legatee was indebted to the testator in a larger amount, the administrator with the will annexed was entitled to retain the legacy in part satisfaction of the debt. Whatever amount the legatee might recover of him, in a suit for the legacy, might be met and can-celled by a judgment in a suit upon the note in favor of the executor. The case, therefore, would come within the provisions of the Gen. Sts. c. 142, § 26, and, so far as this legacy is concerned, the trustee is not chargeable. Green v.…
2Cases cited2 opinions
- Blackler v. BoottMassachusetts Supreme Judicial Court · 1873
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Koons v. MellettIndiana Supreme Court · 1889
- Fiscus v. MooreIndiana Supreme Court · 1890
- Mechanics' Savings Bank v. WaiteMassachusetts Supreme Judicial Court · 1889
- Lannan v. WalterMassachusetts Supreme Judicial Court · 1889
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