(Download) "Hiller Et Al. v. Hiller Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Hiller Et Al. v. Hiller Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
QUA, Justice. The plaintiffs and the defendant Joseph L. Hiller are cousins and are the heirs at law of their uncle, Lilburne Hiller, late of Mattapoisett, deceased intestate. By the amended bill the plaintiffs seek to establish a trust, arising originally for the benefit of Lilburne Hiller and now existing for the benefit of his heirs, in certain parcels of real estate conveyed by Lilburne in his lifetime to Joseph L. Hiller by deeds in which no trust was expressed. After a full hearing, at which many witnesses testified orally, the Judge found that the conveyances were not made as gifts to Joseph L. Hiller; that they were not made in payment of any indebtedness or for services rendered; that they were without consideration; and that they were made 'for the convenience of Lilburne Hiller.' He entered a final decree ordering the defendants to convey to the plaintiffs seven undivided eighths of the real estate. The defendants appealed. The statute of frauds, G.L.[Ter.Ed.] c. 203, § 1, has not been pleaded, and no question arising out of that statute has been raised or argued. See Southwick v. Spevak, 252 Mass. 354, 357, 147 N.E. 885; Stoneham Five Cents Savings Bank v. Johnson, 295 Mass. 390, 393, 394, 3 N.E.2d 730, 103 A.L.R. 1333, and cases cited.