Saunderson v. Stearns
Massachusetts Supreme Judicial Court
This was an action of the case for a legacy, which was submitted to the determination of the Court upon the following state of facts, viz., — That the said Lawrence duly made his last will, of which he appointed the said Stearns executor, and which, after the testator’s death, which took place more than a year before the commencement of this suit, was duly proved. Among other things in the will was the following bequest, viz.: —■ “ Item.
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This was an action of the case for a legacy, which was submitted to the determination of the Court upon the following state of facts, viz., — That the said Lawrence duly made his last will, of which he appointed the said Stearns executor, and which, after the testator’s death, which took place more than a year before the commencement of this suit, was duly proved. Among other things in the will was the following bequest, viz.: —■ “ Item. I give and bequeath unto Eunice Saunderson, daughter of my brother, George Saunderson, ninety pounds out of my sums at interest at my decease, to be kept in…
1Opinion of the CourtSewall, J.
[After stating the action, and the agreement of the parties.] The plaintiffs now demand the principal sum; and it has been argued that they are entitled to have it paid into their hands, because, no trustee being distinctly named by the testator, the legacy vests in the plaintiff Eunice Saunderson, subject to the remainder, at her decease, for the benefit of her issue. And in support of this argument, two cases have been cited of lega- [ * 39 ] cies adjudged to have vested absolutely in the legatees, * although made in trust, and subject to a further appointment.
The cases cited are of a…
2Cited by21 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Smith v. FellowsMassachusetts Supreme Judicial Court · 1881
- Howard v. American Peace SocietySupreme Judicial Court of Maine · 1860
- Hayward v. RoweMassachusetts Supreme Judicial Court · 1905
- Phelps v. PhelpsMassachusetts Supreme Judicial Court · 1887
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