Noyes v. Noyes
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on June 23, 1916, and amended as of August 30,1916, by the surviving executor of the will of James Noyes, the father of the plaintiff and the defendant and by the plaintiff individually as devisee under that will, to enjoin the defendant from the further prosecution of an action at law, brought by him against the plaintiff and another as the executors of the will of James Noyes, on an alleged agreement in writing, quoted in…
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Bill in equity, filed in the Supreme Judicial Court on June 23, 1916, and amended as of August 30,1916, by the surviving executor of the will of James Noyes, the father of the plaintiff and the defendant and by the plaintiff individually as devisee under that will, to enjoin the defendant from the further prosecution of an action at law, brought by him against the plaintiff and another as the executors of the will of James Noyes, on an alleged agreement in writing, quoted in the opinion, which action was before this court, as reported in 224 Mass. 125. The defendant demurred to the bill, and…
1Opinion of the CourtRugg, C. J.
This suit in equity is brought by the plaintiff, both as surviving executor of the will of James Noyes and as devisee *57under that will in his personal right, to enjoin the defendant from further prosecuting an action at law upon a written agreement executed by the testator. A demurrer to the bill was overruled. Then the case was sent to a master, who has filed an elaborate report, and it comes before us on a reservation for determination upon the pleadings, the demurrer and the master’s report.
The relevant facts are these: James Noyes died in January, 1913, leaving real estate of the value of…
2Cases cited18 opinions
- Utermehle v. NormentSupreme Court of the United States · 1905
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Rudd v. SearlesMassachusetts Supreme Judicial Court · 1928
- Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
29 more not listed; retrieve them via the Exa API.