Morrill v. Morrill
Supreme Judicial Court of Maine
This was an action of assumpsit on a note of hand given by Daniel Morrill, deceased, to the plaintiff’s intestate. The plaintiff claimed to charge the defendant as executor in his own wrong, and offered proof tending to shew, that about twelve years before the said Daniel’s decease, he conveyed to the defendant, his son, a valuable farm, and stock of cattle, upon the consideration that the defendant promised to support the deceased and his wife during their natural lives.
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This was an action of assumpsit on a note of hand given by Daniel Morrill, deceased, to the plaintiff’s intestate. The plaintiff claimed to charge the defendant as executor in his own wrong, and offered proof tending to shew, that about twelve years before the said Daniel’s decease, he conveyed to the defendant, his son, a valuable farm, and stock of cattle, upon the consideration that the defendant promised to support the deceased and his wife during their natural lives. At the time of this conveyance the demand on which this action was founded and some other debts were due and owing by the…
1Opinion of the Court
The opinion of the Court was drawn up and delivered at the April term following, in York, by
Weston C. J.
— The sale of the stock, by Daniel Morrill, deceased, to the defendant, was made upon a valuable consideration ; and was good between the parties. If it might have been defeated by the creditors of the deceased; until they interposed, the defendant had a lawful right to sell and dispose of it, in the lifetime of the elder Morrill. This having been done, it does not appear, that the defendant has, since his death, interfered with any personal property, which belonged to him at the time of…
2Cited by1 opinion
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