Kingman v. Kingman
Massachusetts Supreme Judicial Court
Contract, against the administrators of the executor of Abel Kingman, to recover the value of a legacy. Writ dated July 15, .1875. Trial before Colt, J., who reserved the case for the consideration of the full court in substance as follows: The will of Abel Kingman, who died in 1850, contained the following clauses: “ I give to my wife, Fanny Kingman, the use and improvement of all my part of the dwelling-house where we now reside, except the right and privilege therein…
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Contract, against the administrators of the executor of Abel Kingman, to recover the value of a legacy. Writ dated July 15, .1875. Trial before Colt, J., who reserved the case for the consideration of the full court in substance as follows: The will of Abel Kingman, who died in 1850, contained the following clauses: “ I give to my wife, Fanny Kingman, the use and improvement of all my part of the dwelling-house where we now reside, except the right and privilege therein which is hereinafter devised to my daughter Tempy. I also give to my wife one cow, which she may choose out of my stock.” “…
1Opinion of the CourtMorton, J.
The question whether the evidence in this case was sufficient to overcome the presumption of payment from lapse of time was a question of fact. Andrews v. Sparhawk, 13 Pick. 393. Cheever v. Perley, 11 Allen, 584. It was for.the presiding justice who tried the case to weigh the testimony and to determine whether, in view of all the circumstances of the case, it controlled the presumption of payment, and we cannot revise his findings upon matters of fact.
The other question reserved by the report is, whether the plaintiff can maintain an action of contract to recover the value of the other…
2Cited by6 opinions
- Chew v. . SheldonNew York Court of Appeals · 1915
- Hesseltine v. PartridgeMassachusetts Supreme Judicial Court · 1920
- Endicott v. EndicottNew Jersey Court of Chancery · 1886
- Towle v. WingateMassachusetts Supreme Judicial Court · 1918
- Chew v. . SheldonNew York Court of Appeals · 1915
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