Strong v. Williams
Massachusetts Supreme Judicial Court
* The plaintiff declared in debt upon a bond made to ■ [*391 ] her by Woodbridge Little, Esquire, the defendant’s testator, dated the 18th of August, 1800, conditioned to pay her 0 200 within one month after her marriage, if such event should take place in the lifetime of the obligor, or that his heirs, executors, or administrators should her 333.33 within six months after his decease.
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* The plaintiff declared in debt upon a bond made to ■ [*391 ] her by Woodbridge Little, Esquire, the defendant’s testator, dated the 18th of August, 1800, conditioned to pay her 0 200 within one month after her marriage, if such event should take place in the lifetime of the obligor, or that his heirs, executors, or administrators should her 333.33 within six months after his decease. The action was referred to the decision of the Court an agreed statement of facts to the following effect. On the day of making the bond declared on, the testator made a written promise to the plaintiff, then…
1Opinion of the CourtPutnam, J.
The general rule anciently established in chancery was, that, when a testator, being indebted, gave to his creditor a legacy equal to, or exceeding, the amount of his debt, the legacy should be considered as a satisfaction for the debt. The rule has been acknowledged in later cases, but with marks of disapprobation, and a disposition [*393] to restrain its operation * in all cases where, from circumstances to be collected from the will, it might be inferred *343that the testator had a different intention.(1) Thus, where a testator left a sufficient estate, it was determined that he was to be presumed…
2Cases cited1 opinion
- Owings's Ex'rs v. OwingsCourt of Appeals of Maryland · 1827
3Cited by13 opinions
- Gilliam v. BrownMississippi Supreme Court · 1871
- Williams v. CraryNew York Supreme Court · 1830
- Mitchell v. VestSupreme Court of Iowa · 1912
- Perry v. . MaxwellSupreme Court of North Carolina · 1834
- In Re Estate of HillSupreme Court of Iowa · 1941
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