Legal Opinion

Lyons v. Jackson

Massachusetts Supreme Judicial Court

Decided February 27, 1919PublishedCited by 8 opinions

Contract against the executors of the will of George O. Wales, for the board and care of Isabella C. Wales furnished at the request of the defendants’ testator from December 10, 1904, to January 4, 1913, at $25 a week, with a credit of $20 a month. Writ dated February 27, 1915. In the answer, among other matters, as to so much of the plaintiff’s claim as was alleged to have accrued before February 27, 1909, the defendants set up the statute of limitations.

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Contract against the executors of the will of George O. Wales, for the board and care of Isabella C. Wales furnished at the request of the defendants’ testator from December 10, 1904, to January 4, 1913, at $25 a week, with a credit of $20 a month. Writ dated February 27, 1915. In the answer, among other matters, as to so much of the plaintiff’s claim as was alleged to have accrued before February 27, 1909, the defendants set up the statute of limitations. In the Superior Court the case was tried before Dana, J., upon an auditor’s report and oral evidence, which are described in the opinion.…

1Opinion of the CourtCrosby, J.

This is an action to. recover for board and care furnished to Isabella C. Wales, the mother of the testator, George O. Wales, from December 10,1904, to January 4, 1913, the date of his death. The case was referred to an auditor who found for the defendants. At the trial in the Superior Court, at the conclusion of the evidence, the presiding judge ruled that the plaintiff was not entitled to recover and ordered a verdict for the defendants, and reported the case to this court. The report contains all the material evidence.

*277The plaintiff’s wife is a sister of the testator and a daughter of…

2Cases cited8 opinions

  1. Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
  2. Livingston v. HammondMassachusetts Supreme Judicial Court · 1894
  3. McKenna v. TwomblyMassachusetts Supreme Judicial Court · 1910
  4. Johnson v. KimballMassachusetts Supreme Judicial Court · 1899
  5. Spring v. HulettMassachusetts Supreme Judicial Court · 1870

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3Cited by8 opinions

  1. Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
  2. Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
  3. Lewis v. Holy Spirit Ass'n for the Unification of World ChristianityDistrict Court, D. Massachusetts · 1983
  4. Fennell v. RussellMassachusetts Supreme Judicial Court · 1933
  5. Jones v. JonesSupreme Court of South Carolina · 1924

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