Hazard v. Coyle

2 Citing cases

  1. In re Franz Estate

    359 Mo. 362 (Mo. 1949)   Cited 18 times

    (1) Courts of equity have exclusive jurisdiction to allow compensation to trustees of a non-testamentary trust. Johnston v. Grice, 272 Mo. 422, 199 S.W. 409; 65 C.J. 912, sec. 808; 65 C.J. 932; 4 Bogert on Trusts, p. 2879; In re Patton, 175 N.Y.S. 598, 106 Misc. 113; Goode v. Goode, 38 S.W.2d 691; Hazard v. Coyle, 58 A. 987, 26 R.I. 261; 4 Bogert on Trusts, p. 2800, chap. 40, sec. 966; Tittsworth v. Tittsworth, 152 A. 869; In re Parsons, 18 Fed. Cas. 1263. (2) Absent an agreement, the settlor of a trust or his estate, after his death, is not personally liable for trustees' compensation for services rendered, as trustees, pursuant to the terms of the trust.

  2. Green v. Edwards

    31 R.I. 1 (R.I. 1910)   Cited 8 times
    In Green v. Edwards, 31 R.I. 1, at page 33, Mr. Justice Sweetland in a concurring opinion pointed out that to support the plea of res judicata a judgment, decree, or final order should have been actually rendered and entered in the prior action or suit. Therefore we are of the opinion that it cannot be said that any of the issues in the instant case was finally determined in Equity No. 13349, inasmuch as no final decree was ever entered in that case and it was discontinued by agreement of counsel and with the consent of the court.

    In Dyer v. Cranston Print Works, 21 R.I. 63, the court having, in a prior suit between the parties, construed certain agreements and conveyances, it was held that the respective rights thereunder were res judicata. For other cases in which the rule of res judicata has been applied in Rhode Island, see Hill v. Bain, 15 R.I. 75, 77; Hazard v. Coyle, 26 R.I. 361: In Mills v. Allen, 26 R.I. 177, a finding by a referee was held conclusive as res judicata, although a final decree had not been entered in the earlier case. We are well satisfied that the rule laid down in Almy v. Daniels, supra, is decisive of this point and is so well settled and well supported by the general current of authority, both in this State and elsewhere, that we have deemed it unnecessary to cite and review the authorities from other states, a great many of which are set forth in the complainant's brief.