Wing v. Merchant
Supreme Judicial Court of Maine
On report. Assumpsit by the plaintiff as executor of the last will and testament of Timothy Woodward, deceased, to recover two hundred dollars, alleged to have been left with the defendant for investment, by the deceased. a The action was defended upon the ground, that the money sued for was the property of Mrs. Asahel H. Merchant, wife of the defendant, and daughter of the deceased, by virtue of a gift to her by her father in 1861, which was about three years before his…
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On report. Assumpsit by the plaintiff as executor of the last will and testament of Timothy Woodward, deceased, to recover two hundred dollars, alleged to have been left with the defendant for investment, by the deceased. a The action was defended upon the ground, that the money sued for was the property of Mrs. Asahel H. Merchant, wife of the defendant, and daughter of the deceased, by virtue of a gift to her by her father in 1861, which was about three years before his decease. The evidence tended to show, that in 1862, Timothy Woodward left with his daughter, Mrs. Merchant, some notes…
1Opinion of the CourtBarrows, J.
The circumstances which oblige us in some cases to look with suspicion upon a defense which asserts that property claimed by an executor or administrator in his representative capacity, has passed by a gift from the deceased to one of his heirs, are not found in the case at bar. The defendant,^with the consent of his wife to whom it is claimed the property was given, has appropriated it already for the benefit and support of an insane sister of the wife, a daughter of the deceased, and he is indemnified against ultimate liability in this suit. The testimony comes free from selfish bias; and…
2Cited by18 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- Dunn v. German-American BankSupreme Court of Missouri · 1891
- Miller v. Neff'sWest Virginia Supreme Court · 1889
- In re the Estate of PastoreNew York Surrogate's Court · 1935
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