Moseley v. Bolster
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on December 5,1901, alleging that Martha A. Perry,* the plaintiff Mary A. Moseley and the original defendant Oliver H. Perry were the beneficiaries under the residuary clause of the will of Augustus B. Perry, late of Boston, who died in 1887; that the will provided (the quotation is from the words of the bill, the words of the will being stated in the opinion) that “ all the residue of the property…
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Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on December 5,1901, alleging that Martha A. Perry,* the plaintiff Mary A. Moseley and the original defendant Oliver H. Perry were the beneficiaries under the residuary clause of the will of Augustus B. Perry, late of Boston, who died in 1887; that the will provided (the quotation is from the words of the bill, the words of the will being stated in the opinion) that “ all the residue of the property of said Augustus B. Perry was left one half to the defendant, Oliver EL Perry, one fourth to said Mary A. Moseley and…
1Opinion of the CourtSheldon, J.
1. The defendants’ demurrer was rightly overruled. It is true that a partition of the real estate left by Augustus B. Perry cannot be made in this proceeding in equity. Husband v. Aldrich, 135 Mass. 317. But the bill can be maintained to determine the rights of the parties and to state the account between them and to obtain for the plaintiffs that part of the personal property to which they are now entitled. Holmes v. Holmes, 194 Mass. 552, 556. And because there has been in reality an open running account between these parties, and it has been understood between them that the divisions made…
2Cases cited11 opinions
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Minot v. PurringtonMassachusetts Supreme Judicial Court · 1906
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Griswold v. JohnsonSupreme Court of Connecticut · 1824
- Barrett v. MarshMassachusetts Supreme Judicial Court · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Coram v. DavisMassachusetts Supreme Judicial Court · 1911
- Upshaw v. EubankSupreme Court of Alabama · 1933
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Porter v. TraceySupreme Court of Iowa · 1917
- Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
6 more not listed; retrieve them via the Exa API.