Cox v. Curwen
| Decision Date | 03 September 1875 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Francis Cox & wife v. James B. Curwen & others |
Essex. Bill in equity by Francis Cox and Ellen A. Cox, his wife alleging the following facts:
Henry Barr, the father of the female plaintiff, by deed dated October 25, 1832, and duly recorded, conveyed to John Russell all the real estate owned by him, described in the deed as the same formerly owned by his father, and inherited by him as an heir at law, upon the uses and trusts set forth and declared in a certain indenture of even date, executed by him and Russell. By the indenture, which was not recorded until March 3, 1874, Barr conveyed to Russell all his real and personal estate inherited from his late father, and then in the hands of Russell as administrator of his father "together with the real estate conveyed by said Henry to said Russell by deed poll of even date with these presents," upon the following uses and trusts: "tat he the said Russell, his administrators or executors, shall during the lifetime of said Henry retain and hold the same property; and that as soon as said Russell deems expedient he will for the most he can get sell and convey said real estate, and as to the proceeds thereof, and all the said personal estate he shall place out at interest, and keep the same invested in safe stocks or securities, and from time to time as he may think judicious will change such investments and in all such certificates of stock or securities will cause it to be expressed that he holds the same as trustee and further that said Russell shall keep a true and exact account of this trust, and shall annually or oftener render to said Henry a minute and full account of all said trust moneys, income and expenses, stating the manner and places in which the same is invested, and further that he, the said Russell, shall from time to time, according to the necessities and reasonable occasions of said Henry, either pay to said Henry any part, or all the income arising from said trust moneys, and if necessary any part of the principal thereof, in such manner as he, the said Russell, may judge will most conduce to and promote the comfort, subsistence and happiness of said Henry and his daughter; and after the decease of said Henry, will transfer, convey and pay to his legal representatives all the estate then remaining in the hands of said Russell; the said Russell during all said time of said trust to receive a reasonable compensation for his services and to be responsible for no losses, unless caused by misfeasance or malfeasance."
John Barr, the father of Henry, died on April 3, 1832, and administration was granted to Russell, on his estate September 11, 1832.
On June 16, 1836, Henry Barr died, and by his will dated June 9 1836, duly proved and allowed by the Probate Court on August 16, 1836, he gave all the residue of his estate to said Russell in trust, to invest and keep the same at interest during the lifetime of his daughter, Ellen Augusta, and to pay her from time to time the interest and income thereof for her own use, and, if necessary for her comfort and support, any part of...
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McMahan v. Greenwood
...must always have that meaning, unless it can be seen that they were used in a different sense.") (emphasis in original); Cox v. Curwen, 118 Mass. 198, 200 (Mass.1875) ("It is admitted that the ordinary meaning of the words `legal representatives' is `executors and administrators.'"); Warnec......
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Garfield v. White
...171 U.S. 466, 471-472, 19 S.Ct. 1, 43 L.Ed. 243; O'Neill v. Cunard White Star Ltd., D.C.S.D.N.Y., 69 F.Supp. 943, 945. See Cox v. Curwen, 118 Mass. 198, 200; Commissioner of Corporations & Taxation v. Second National Bank, 308 Mass. 1, 8, 30 N.E.2d 889; Bornbaum v. [326 Mass. 23] Employers'......
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Ewing v. Clark
...Ind. 333, 22 N.E. 310. See Co. Litt. 22b; Washburn, Real Prop. p. 744. "Legal representatives" cannot be construed to mean heirs. Cox v. Curwen, 118 Mass. 198; Warnecke Lembca, 71 Ill. 91; Wright v. First Nat. Bank, 7 Cent. Law. Jour. 122; Bowman v. Long, 89 Ill. 22; Hogan v. Page, 2 Wall. ......
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Garfield v. White
... ... Wason v ... Colburn, 99 Mass. 342, 344; Brown v. Boston & Maine ... Railroad, 283 Mass. 192, 195, 186 N.E. 59; Briggs v ... Walker, 171 U.S. 466, 471-472, 19 S.Ct. 1, 43 L.Ed. 243; ... O'Neill v. Cunard White Star Ltd., D.C.S.D.N.Y., ... 69 F.Supp. 943, 945. See Cox v. Curwen, 118 Mass ... 198, 200; Commissioner of Corporations & Taxation v ... Second National Bank, 308 Mass. 1, 8, 30 N.E.2d 889; ... Bornbaum v ... [326 Mass. 23] ... Employers' Liability Assurance Corp., Ltd., 311 ... Mass. 282, 284-285, 41 N.E.2d 54. The only other reference to ... the ... ...