Smith v. Williams

• Decision Date: 26 January 1875
• Citation: 116 Mass. 510
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Albert Smith v. Gustavus B. Williams & another

116 Mass. 510

Albert Smith v. Gustavus B. Williams & another

Supreme Court of Massachusetts

January 26, 1875

Argued October 5, 1874

Worcester. Bill in equity, alleging that in 1857 certain land of John Southwick, deceased, intestate, which had been set off to his widow for her dower, was taken by a railroad corporation for its railroad, and the entire damages for such taking, amounting to the sum of $ 500, assessed and awarded without any apportionment thereof, and paid to Dan Hill a trustee appointed by the widow and heirs, to invest the same and pay the income thereof to the widow for life, and the remainder to the heirs; that the income was accordingly paid to the widow until the death of the trustee in 1864, leaving a will by which he made on of the defendants executor and the other residuary devisee and legatee, that the executor took possession of all his testator's estate and of the trust fund, and paid the income of the latter to the widow of Southwick until her death in 1867; that nothing had since been paid to any one as income or otherwise upon said entire damages; that said executor had kept, or ought to have kept said entire damages invested for the benefit of said heirs; and that the same, with the income which had accumulated, or ought to have accumulated thereon, belonged absolutely to the heirs at law of Southwick, and ought to be apportioned, distributed and paid over to and among them according to their respective interests; but the said executor refused to account for or pay over the same.

The bill was filed by the plaintiff, an heir at law of John Southwick, "for himself, and in behalf of all others interested in the subject and object of this suit, heirs at law of said deceased, their respective names, residences, lineal descent, and extent of said interest," being set forth in detail in the bill, by which it appeared that the plaintiff was entitled to 3/192; six persons residing in different towns in this Commonwealth to 56/192; sixteen persons residing in various parts of New England to 75/192; two residing at Albany in the State of New York to 4/192; and three persons residing at different places in the State of Wisconsin to the remaining 54/192.

The bill prayed for process, an answer not under oath, an account, the appointment of a receiver to receive the trust fund from the defendants and apportion and distribute it to and among the said heirs at law according to their respective interests therein, and for further relief.

The defendants demurred to the bill for want of equity, 1st. Because each of the persons named in the bill as interested in the estate of John Southwick, deceased, ought to be made parties thereto; 2d. Because the plaintiff had a plain, adequate and complete remedy at law. The questions arising upon the demurrer were reserved by Ames, J., for the determination of the full court.

Demurrer sustained.

G. F Hoar, for the defendants.

S. A Burgess, for the plaintiff. The bill sets forth ground for relief in equity, under the Gen. Sts. c. 113, § 2, cl. 6, there being more than two parties having distinct rights or interests which cannot be justly...