Henchey v. Henchey

The exceptions recite as follows: “ The plaintiff claimed and argued to the jury that, if a trust was created, it would not prevent him from recovering what was due from the defendant on the count for money had and received, and asked the court to rule that, if the money was deposited by the mother for the purpose of her support and burial, and the son drew it out and appropriated it to his own use without her knowledge or consent, the plaintiff could recover. No contention was made that any settlement of the trust had ever been made, but it was claimed by the plaintiff that it was still…