Moore v. Moore
Massachusetts Supreme Judicial Court
Three actions oe contract for money had and received, against the administrator of the estate of Sally Maria Moore, the mother of the plaintiffs.
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Three actions oe contract for money had and received, against the administrator of the estate of Sally Maria Moore, the mother of the plaintiffs. At the trial in the Superior Court, before Aldrich, J., without a jury, the following facts appeared: On July 7,1868, the will of Sally Cummings was duly admitted to probate, appointing John W. Cummings as executor, and bequeathing the residue of her estate, after the payment of certain specific legacies, to “ Sally Maria Moore and her children for their use and benefit forever.” The residue of the estate consisted of $628.08 in money, and of…
1Opinion of the CourtSoule, J.
The title to the estate of Sally Cummings passed to her executor, whose duty it was to administer it according to the provisions of the will. In attempting to perform his duty he paid to the defendant’s intestate certain moneys, and delivered to her certain chattels, as due to her under the will. She received and treated the money and chattels as her own. If the money had been paid to her to be paid by her in whole or in part to the plaintiffs, or either of them, as being due them or him from the executor, an action might be maintained against her, for money had and received, by the person or…
2Cited by14 opinions
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- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
- Cole v. BatesMassachusetts Supreme Judicial Court · 1904
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
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