Massachusetts Supreme Judicial Court, 1840

Gibson v. Cooke

Massachusetts Supreme Judicial Court · Decided March 15, 1840 · Shaw

42 Mass. 75

Cases that cite this one

1 later published case cites this decision.

Hannon v. City of Newton (District Court, D. Massachusetts 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Shaw, C. J.

The damages received from the rail-road corporation are not income within the meaning of the will which constituted the defendant a trustee, and prescribed his duties. The easement acquired by the corporation is substantially a de^ *76straction of the estate, although a naked fee therein remains to the trustee or cestui que trusts. The money received as damages "s to be regarded as capital substituted, by act of law, in the place of the land taken ; and the income thereof is to be distributed, as the income of the land would have been, if no easement had been created therein. Emerson v. Cutler, 14 Pick. 118.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.