130 Mass. 337 | Mass. | 1881
The plaintiffs seek to recover in these actions the value of certain notes and bonds which were transferred by the trustee under the will of John A. Fulton, deceased, to the defendant Fulton as belonging to certain persons, one of whom was the defendant Smallidge, and for all of whom the defendant Fulton was attorney in .fact to receive the property, and to whom he has distributed it. The plaintiffs contend that they can maintain their actions on the ground that the transfer was made under
If the Superior Court of Connecticut had no jurisdiction of the subject matter of the suit in which the decree was entered and in which the transfer to the defendant Fulton was made, the trustee under the will is still liable to be called on by the parties entitled to the estate to account to them; and if there was such a failure to notify the plaintiffs of the pendency of that suit that they are not bound by the decree, they may still proceed against the trustee with the same effect as if the decree and transfer had never been made. In other words, if the trustee has paid away notes and bonds which were of the estate of the testator under circumstances which would not protect him in a suit brought by these plaintiffs to recover their alleged shares of the estate, he still, in the eye of the law, holds the property in his possession, and must account for it according to the terms of his trust. If the transfer was made under such circumstances as to protect the trustee against any claim by the plaintiffs, the trust, so far as they are concerned, has been lawfully executed. In either event, the plaintiffs have no right of action against the defendants, because they have not received anything which in equity or good conscience they ought to pay or deliver to these plaintiffs, or any of them. Moore v. Moore, 127 Mass. 22. The rulings in the Superior Court were correct, and there must be
Judgment for the defendants.