Ames v. Clarke
Massachusetts Supreme Judicial Court
Contract on a bond signed by the defendant Henry 0. Clarke, as principal, and the defendant John Firth and Henry Goulding, as sureties, conditioned for the faithful performance by Henry O. Clarke of his duties as executor of the will of Hannah B. Mason. Henry Goulding died, and the defendants William P. Goulding and Dwight Foster were appointed his executors. The suit was brought on behalf of William Clarke.
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Contract on a bond signed by the defendant Henry 0. Clarke, as principal, and the defendant John Firth and Henry Goulding, as sureties, conditioned for the faithful performance by Henry O. Clarke of his duties as executor of the will of Hannah B. Mason. Henry Goulding died, and the defendants William P. Goulding and Dwight Foster were appointed his executors. The suit was brought on behalf of William Clarke. Writ dated September 16, 1869. The case was submitted to this court on a statement of facts substantially as follows: Hannah B. Mason, (who died in 1858,i) by her will, gave to William…
1Opinion of the CourtWells, J.
The annuity vested absolutely in William Clarke. As a vested right, it was assignable, without words expressly making it so, in the terms of the bequest. The proviso that it should not be liable for his debts, while in the hands of the executor, did not give the executor any authority to control his disposition of it, nor deprive him of the right to dispose of it by bis voluntary act. The assignment was not void, if even voidable.
Payments by the executor, in accordance with the order therefor in the instrument of assignment, are good until that order and assignment has been legally rescinded.…
2Cited by9 opinions
- Commissioner of Corporations & Taxation v. Second National BankMassachusetts Supreme Judicial Court · 1941
- Harris v. JuddHawaii Supreme Court · 1873
- Boston Safe Deposit & Trust Co. v. LukeMassachusetts Supreme Judicial Court · 1915
- Blair v. LinnAppellate Court of Illinois · 1934
- In Re KelloggUnited States Bankruptcy Court, D. Massachusetts · 1995
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