Clough v. Clough
Massachusetts Supreme Judicial Court
Conte ACT for money had and received. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff is the widow of Charles H. Clough and administratrix of his estate; he left a minor son, his only heir, and also 6 father, mother and one sister and several brothers, of whom the defendant is one.
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Conte ACT for money had and received. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff is the widow of Charles H. Clough and administratrix of his estate; he left a minor son, his only heir, and also 6 father, mother and one sister and several brothers, of whom the defendant is one. The defendant admitted at the trial that he had received about $800 from his deceased brother, but as to all except $400, he pleaded payment and offered evidence in support of the plea. As to the remaining $400, the defendant answered that he…
1Opinion of the CourtGray, C. J.
Upon the facts which must have been found by the jury under the instructions of the court, the legal title in the subject of the gift vested in the donee, subject to no condition or contingency but the death of the donor. The fact that the donee took it for third persons upon a trust, the terms and limitations of which were prescribed by the donor and might vary according to subsequent events, did not affect the validity of the gift as a donatio mortis causa. Hills v. Hills, 8 M. & W. 401. Sessions v. Moseley, 4 Cush. 87. Borneman v. Sidlinger, 15 Maine, 429, and 21 Maine, 185. Dresser v.…
2Cited by15 opinions
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