Capen v. Duggan
| Decision Date | 28 February 1884 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Charles H. Capen v. R. A. Duggan & trustees |
Suffolk. Trustee process. In the Superior Court, the trustees were charged, and appealed to this court. The facts appear in the opinion.
Trustees discharged.
F. D Ely, for the trustees.
J. B Goodrich, (H. J. Edwards with him,) for the plaintiff.
Morton, C. J. C. Allen & Holmes, JJ., absent.
Our statutes provide that "debts, legacies, goods, effects, or credits due from or in the hands of an executor or administrator as such may be attached in his hands by the trustee process." Pub. Sts. c. 183, § 22. Gen. Sts. c. 142, § 22. The answers of the alleged trustees in this case disclose that they are the executors of the estate of William B. Duggan; that the principal defendant is a son, and one of the devisees and heirs at law of the testator; that the personal property of the estate was insufficient to pay the debts; that, after the writ was served upon them, they obtained leave of the Probate Court to sell real estate for the payment of the debts; that they made such sale; and that, after applying a portion of the proceeds of the sale to the payment of the debts, they paid over to the principal defendant the sum of $ 459.29 as his share of the surplus. The plaintiff contends that this payment was unjustifiable; and that the executors are chargeable as trustees for this amount.
It is a familiar rule, that the liability of an alleged trustee must be determined by the state of things existing at the time the writ is served upon him. When the writ in this action was served upon the executors, no debt or legacy was due the defendant, and they had not in their hands any goods, effects, or credits belonging to him. He had no claim against the estate or the executors, unless it was a claim for his share, as legatee or distributee of the personal property after the payment of the debts. His share of the real estate vested in him at the death of the testator, liable to be devested in whole or in part, if it was needed to pay debts. He had no claim against the executors until after they had sold the real estate, which, as we have said, was long after the writ was served upon them. We are therefore of opinion that the trustees must be discharged.
The cases upon which the plaintiff relies are clearly distinguishable from the case at bar. It was held in Holbrook v. Waters, 19 Pick. 354, and in Wheeler v. Bowen, 20 Pick. 563, that the interest of a legatee or distributee in the personal property of the deceased...
To continue reading
Request your trial
-
Mosher v. Mosher
...the defendant is a residuary legatee, or a distributee in an intestate estate, and the value of his share remains uncertain. Capen v. Duggan, 136 Mass. 501, and cases cited; Mechanics' Savings Bank v. Waite, 150 Mass. 234, 22 N.E. 915, and cases cited; Emery v. Bidwell, 140 Mass. 271, 275, ......
-
Krogman v. Rice Brothers Co.
...246, Section 16. Crossman v. Crossman, 21 Pick. 21. Fay v. Sears, 111 Mass. 154 . Clinton National Bank v. Bright, 126 Mass. 535 . Capen v. Duggan, supra. Garratt-Ford Co. Brennan, 232 Mass. 493 , 498. If the discharge of the trustee be considered in connection with the trial upon the plain......
-
Mechanics' Sav. Bank v. Waite
... ... of the administrator. Wheeler v. Bowen, 20 Pick ... 563; Bank v. Minot, 3 Metc. 507, 509, 510; Davis ... v. Davis, 2 Cush. 111, 114; Capen v. Duggan, ... 136 Mass. 501, 502. Since the lien is not confined to ... property in the administrator's possession at the time of ... service, it ... ...
-
Beverstock v. Brown
... ... Cotton, for trustee ... OPINION ... KNOWLTON, ... The ... principles laid down in Capen v. Duggan, 136 Mass ... 501, are decisive of this case. The plaintiff seeks to charge ... a trustee on account of money received from a sale of ... ...