Boynton v. Hubbard
Massachusetts Supreme Judicial Court
The declaration in this case was in a plea of covenant broken; in which the plaintiff declares on a deed executed by the defendant, whereby, for a valuable consideration therein expressed, the defendant covenanted that, if he should survive Tuthill Hubbard, he would pay over and convey to the plaintiff, his heirs, executor, and administrators, one third part of all the estate, real and personal, which might descend to the defendant from the said Tuthill, as an heir to him ;…
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The declaration in this case was in a plea of covenant broken; in which the plaintiff declares on a deed executed by the defendant, whereby, for a valuable consideration therein expressed, the defendant covenanted that, if he should survive Tuthill Hubbard, he would pay over and convey to the plaintiff, his heirs, executor, and administrators, one third part of all the estate, real and personal, which might descend to the defendant from the said Tuthill, as an heir to him ; that the defendant survived the said Tuthill, who died intestate, and from whom a large estate, real and personal,…
1Opinion of the CourtParsons, C. J.
The plaintiff’s counsel have insisted that post obiit contracts are not void, as against the policy of the law; and that they are not to be relieved against in equity, if made without fraud or imposition : that in this case the verdict has negatived any fraud or imposition; (a) and, therefore, that equity would not relieve, unless an advantage was taken of the necessity of the heir by the plaintiff; and then the heir is relieved on the equitable condition of his repaying the consideration money with interest; that the question before the Court is a question at law, and ought not to be decided…
2Cases cited2 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Belden v. DaviesThe Superior Court of New York City · 1829
3Cited by42 opinions
- Waters v. Min Ltd.Massachusetts Supreme Judicial Court · 1992
- Hale v. HollonTexas Supreme Court · 1897
- Duval v. . WellmanNew York Court of Appeals · 1891
- Goodrich v. TenneyIllinois Supreme Court · 1893
- Kaplan v. SuherMassachusetts Supreme Judicial Court · 1926
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